If an adult has insufficient appreciation or understanding to make a Will possibly through learning disability, brain injury or Dementia, the Master of the Office of Care & Protection can consider an application for a Will to be made on that person’s behalf – a Statutory Will.
This would only be considered if the person involved did not understand the implications of making a Will such as its purpose, and how it would distribute assets to family or friends. A person may not have sufficient “mental capacity” to make a Will, but may be capable of other financial decisions.
Many people are unaware of this opportunity. We have used Statutory Wills for a number of clients to protect their assets and to avoid obvious injustice.
If a person has a short time to live an emergency application may be made to the Master.