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It is possible for a will to be made for a person who lacks the mental capacity to make a Will for themselves – this is known as a Statutory Will.

There is a provision contained within the Mental Health (Northern Ireland) Order 1986 whereby a Statutory Will can be made by application through the Office of Care & Protection at the High Court. The application must be for valid and equitable reasons and a procedure has to be followed. If the application is successful the Court makes a Statutory Will.

The procedure can be used either to make a will for someone who does not have a will at all or where a will needs to be updated or changed.

It can be a useful in a variety of circumstances, for example

  • for those who have lost mental capacity due to dementia
  • for those who have a learning disability and have never had mental capacity to make a will
  • for those who have suffered severe brain injury and who have become incapacitated suddenly without an up to date will

If you would like further information on this procedure please contact cathy.warnock@edwardsandcompany.co.uk

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