Obtaining a Statutory Will is a challenging task. The application process is lengthy, and you must provide a substantial amount of evidence with your application. A family tree is one of the most significant pieces of evidence you will need to give.
What is the difference between a statutory will and a testamentary will?
Statutory Wills are a mechanism that can be used to form a will or make changes to a will if the person does not have the mental capacity to do so. You must make an application to the Court of Protection in order to make a Statutory Will on their behalf. If your request is accepted, you will be able to create a will or make modifications to an existing one.
When does a person lose the ability to form a will?
Determining whether or not someone has the mental capacity to form a will is more complicated than simply concluding that someone is incapable of creating a will. In order to determine their mental competence to form a will, they must take a special legal test.
Someone who cannot manage huge sums of money on a daily basis does not rule out the possibility of making a will.
Using a Statutory Will to Make a Will
The person who is considered incapable of making a will must be at least 18 years old. The preparations for filing an application with the Court of Protection can begin when the individual becomes 17, but the application must be completed by the time the person turns 18.
The Court of Protection has provided instructions on how to apply for a Statutory Will, which contains all of the necessary forms and information. A family tree, financial details such as account balances, investments, property, and so on, the background of the designated individual, any medical concerns they have, and how the will would be dispersed if the Statutory Will was issued are just a few examples.
What is the significance of the family tree?
You might be wondering why including a family tree with your Court of Protection application is so necessary. The rationale is simple: the family tree contains a list of potential beneficiaries of a Statutory Will. The Court of Protection can see all of the beneficiaries and decide which ones should be included and which should be excluded by including the family tree.
What information should go into the family tree?
Each family member who could be deemed a beneficiary should have their name and date of birth listed on a family tree. You also don’t need to have traced your family tree back 18 generations. It is sufficient to go back as far as great grandparents in order to determine the beneficiaries who must be evaluated.
Do you require assistance with your family tree in order to prepare a Statutory Will? Contact our experienced staff right away for assistance in constructing your family tree and preparing it for your application to the Court of Protection for a Statutory Will.
