There are circumstances where a person may have assets, sometimes significant assets, but is not mentally able (capable) to make their own will.
The Office of the Public Guardian (OPG) has powers to make a will on behalf of the person.
For the OPG to actually carry out this process, the projected testator must already be a ‘patient’ of the court.
The court can then make an order which allows them to manage and administer the person’s property and affairs because they aren’t capable of managing it themselves.
After the order is in force, the court can endorse a Statutory Will for the patient. The court will sign the will in the patient’s name, it is witnessed in the normal manner and then the court will ‘seal’ the will.
The will is put together much the same as a mentally capable person would have done so, but is limited in not being allowed to dispose of items outside of the UK. The will is made as if the person would have made the will and acted reasonably and with competent legal advice.
This may be of little use to most reading these notes, but if you know someone in the situation mentioned and they haven’t had a statutory will made for them, then pursue it if it’s in their best interest.
Filed under: Legal Advice
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