Home > Legal Articles > What happens when the court makes a Will for you?

What happens when the court makes a Will for you?

Posted on Friday, 7th June 2013 by

Photo Credit: @notnixon via Compfight cc

For a will to be valid, the person making it must have the mental capacity to understand what they are doing and the consequences. Sometimes, for instance in Alzheimer’s cases, it is apparent that a person is not able to make a will for themselves.

In these circumstances, a person may die without leaving a valid will and their estate will be subject to strict intestacy rules which give specific amounts to spouses, children, siblings etc. Depending on circumstances, the distribution of the estate in accordance with these rules may not appear fair and reasonable, and could result in drawn out legal battles with people trying to claim more than they receive, resulting in the value of the estate being diminished. To avoid this, the s18 of the Mental Capacity Act 2005 allows an application to the Court of Protection to make a will on someone else’s behalf, so long as it is in the best interests of the person who has lost capacity.

In a recent case, it was decided that an undated and un-witnessed document from the 1980s which was believed to valid will be the person who had now lost capacity was not of ‘magnetic importance’. The estate was estimated to be worth between £1.5-£1.7M. The person was now living with a partner who had acted as primary carer since 2006 (but under intestacy rules would not be entitled to anything from the estate as they were not married). The court awarded her 35% of the estate upon the man’s death, with the rest being split between family.

Andrew is a Commercial & Employment Law solicitor in Leicester. Our Solicitors in Leicester are experts in their fields and dedicated to quality client care. If you would like to find out more about our solicitors in Leicester please contact us.

Keep up to date with our daily blogs through the Edward Hands & Lewis mobile app, just search Edward Hands on the iPhone or Android store to download our app for free

Talk to our legal team

The information provided in all of our blogs reflects only a narrative of some elements to consider on the topic. The blogs do not contain considered legal advice and should not be relied upon as advice. Please see our website terms and conditions for full details of our disclaimer. If you are interested in obtaining advice, please contact one of our lawyers who will be happy and able to advise you on your own particular circumstances.

1 Step 1

Quick Quote

Your Nameyour full name
Contact Number
Post Codeyour full name
Your Messagemore details
0 /

Andrew Robinson - Employment Law
Andrew Robinson - Employment Law
andrew.robinson@ehlsolicitors.co.uk 01509 212 108
Related author articles
Article tags

Map and pin icon
Sign up to our newsletter
  ERROR: 8 - CURL error: