If the Court of Protection rules that a person lacks capacity and is unable to make their own Will, you may need to create a Statutory Will. Creating a Statutory Will is typically in the best interests of the person involved as it will prevent the estate from being distributed as if it’s an intestacy.
Using our knowledge and expertise, we can reconstruct the family tree and locate the people materially affected by the Statutory Will.
We apply the relevant rules of intestacy for your jurisdiction and meticulously descend each family line to identify all of the potentially entitled kin (or to prove a negative). We will then formally contact every relevant family member to confirm their identity, no matter where they reside.
We can even assist when you’re presented with incomplete, misleading or no information at all. Our expert team of genealogy specialists are experienced problem solvers so we can recreate a family tree with very limited initial information. Usually, we can do this even if all you have is the person’s birth certificate.
We understand the sensitive nature of Statutory Will matters so we are discreet in our enquiries. We will only contact relevant people to have conservations about the individual’s family history. We would never indicate any likely benefit or loss of benefit.
All our reports detail:
The searches we have undertaken
The people we have identified and their address
This means that they are suitable for court submission. If the research is inconclusive, we will recommend further steps that could be taken if feasible.
We were recently approached to help a Deputy who was handling the affairs of an elderly gentleman. The Deputy planned to write a Statutory Will for the person to avoid an intestacy situation, and to remember a selection of charities that they could see he had regularly supported throughout his lifetime.
To do so, the Deputy needed to serve notice on the Person’s next of kin to inform them of their intentions and as they had no contact details for his family, we were asked to help. We reconstructed his family tree and located his seven nieces and nephews – the closest kin to him.
Our report was submitted as part of the court application and the next of kin notified. The Statutory Will was approved. Now, our client will be able to administer the estate efficiently when the time comes and distribute funds to those charities the person had connections to during his lifetime.
These other services may come in handy if you’ve come across these complications when administering an estate.
Our dedicated team of experts are available Monday to Friday between 8am - 5.30pm to ensure a resolution is achieved smoothly and efficiently.
We are discreet in our enquiries and aim to only contact relevant people. In Statutory Will matters, we are always aware of the sensitivity of the situation and never indicate any likely benefit or indeed loss of benefit. We merely have conversations regarding the individual’s family history.
Our expert articles can help you expand your knowledge about mental capacity and Statutory Wills.