A statutory will can be a useful tool where a client has lost the mental capacity to make a will in the usual way but their circumstances are such that a will is required. These circumstances could include scenarios such as where the client has no existing will and the intestacy rules do not provide a desired outcome, or where there is an existing will but this needs updating due to a change in circumstances like the estate growing or reducing in value, or for tax planning purposes.
This half-day course will give you all the information you require to decide whether a statutory will is needed at all and the procedure involved in obtaining one. Full of drafting hints and tips, as well as reference to recent case law, this course is a must for anyone involved in the statutory will application process.
Points covered include:
Initial considerations, is a will needed?
Making the application including the draft will
The mentally incapacitated client – do they have a role?
Best Interests and section 4 Mental Capacity Act 2005 considered