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, this is 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 maybe capable of making 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.

If you have any queries regarding Wills or Statutory Wills contact Chloe Emerson on 028 9024 3901 or email her at cemerson@fhanna.co.uk .