When an individual lacks the mental capacity to make a will, the Court of Protection (COP) can make a statutory will on their behalf. The court may also appoint a deputy to look after their affairs.
This ensures the person’s financial affairs are looked after when they are at their most vulnerable, and when they pass away their estate is dealt with in the way they would have wanted.
In any occasion, a dispute may occur. You might want to challenge a will if you’re worried that it doesn’t reflect what the deceased would have wanted OR the financial deputy is not acting in the person’s best interest OR the person actually does have capacity to make their own will.
The financial deputy may be a family member, or someone else close to the protected person. They must always act in the best interests of that person. It’s important they don’t use the position for their own gain. If you’re concerned about a deputy’s behaviour, or about any part of the will itself, Hennah Haywood can help by…
Replacing the elected deputy with a professional deputy (such as a solicitor)
Challenging the terms of the will
Making a claim for financial provision if you haven’t been named in the will after the death of the individual.
For more information on this service please contact our team at Hennah Haywood Law.
We understand how sensitive these types of matters are, our knowledgeable team are dedicated to ensuring the process is made as easy as possible for you and your family