Chester 01244 405 555

Grosvenor Court
Foregate Street Chester
Cheshire CH1 1HG
DX: 19990 Chester


Shrewsbury 01743 443043

Lakeside House
Oxon Business Park
Shrewsbury SY3 5HJ
DX: 148563 Shrewsbury 14

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Airport City, Manchester 0161 537 3324

Offices 204 and 205
Manchester Business Park
3000 Aviator Way
Manchester M22 5TG

Statutory Wills

If circumstances change after making a Will, it can usually be updated to reflect the new circumstances. Typical reasons for updating a Will might include the death of one or more beneficiaries, an increase or decrease in the size of an estate or the sale of assets to pay for nursing care.

However, if someone has lost ‘testamentary capacity’ since making their Will, they will not have the mental capacity to update it to reflect the change in circumstances, so the Will is out of date.

Similarly, if someone does not have a Will at all, it may be that the default provisions that determine where their assets pass on death, called the intestacy rules, are inappropriate for their particular circumstances.

In these cases, it may be possible to use a little known procedure called the ‘statutory Will procedure’ by applying to the Court of Protection. This allows a Will to be produced on behalf of someone who is unable to make one themselves.

At Aaron & Partners, our specialist Wills team has considerable experience in navigating the complex application process and in helping clients to produce statutory Wills in a thorough and cost effective manner.

Statutory Gifts

The powers of attorneys or deputies are usually limited to the management of someone’s finances on their behalf. Substantial disposals or gifts of their assets can only be made with authority from the Court of Protection.

It may be appropriate to make gifts or disposals for tax planning purposes, or to provide financial assistance to a third party, if this would have been in accordance with the individual’s wishes.

Our experienced Wills, Trusts and Tax lawyers are adept at providing the expertise needed to make such applications to the court, so that disposals and gifts can be made smoothly and successfully.

Clive image e Clive Pointon – Chester Office

Partner & Head of Wills, Trusts & Tax
Email: [email protected]
Tel: 01244 405513

Lynda Richards Web Lynda Richards – Shrewsbury Office

Wills, Trusts & Tax Partner
Email: [email protected]
Tel: 01743 294122


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