Our solicitors also specialise in statutory will and gift applications. An application can be made to the Court of Protection (COP) to make a Will for someone, who due to their incapacity, can no longer make a Will themselves. We can assist in the preparation of the application and assist you at every step of the process. We can also advise where, for example, a new Will is required for an individual who lacks capacity but where there is disagreement over what its provisions should be. We aim to resolve any disputes, as far as possible, ahead of applying to the COP.
You may also wish to make an application to the COP to gift large sums of cash or assets to family members as part of a tax planning exercise. Attorneys and Deputies are restricted in terms of the gifts they can make from an incapacitated person’s assets and prior to doing so, will need approval from the COP.
We are able to provide the necessary legal advice and talk you through the options available to you and whether a court application is suitable and if so, the preparation of the application.