Is this will now defunct?

securityguy

Well, that's one to file away. My parents always said it was not possible under the CoP order they operated my grandmother's affairs under, but I presume they meant not practical (a deed of variation was possible as all beneficiaries of the original will were happy to make the necessary changes). As the helpful posters say, expensive: £400 minimum for most people, and pretty daunting without professional advice. Thanks for the pointer.

Yorkshireman99

securityguy wrote: »

Well, that's one to file away. My parents always said it was not possible under the CoP order they operated my grandmother's affairs under, but I presume they meant not practical (a deed of variation was possible as all beneficiaries of the original will were happy to make the necessary changes). As the helpful posters say, expensive: £400 minimum for most people, and pretty daunting without professional advice. Thanks for the pointer.

It is also likely that the COP would hold a hearing that is another £500 plus the cost of professional advice and representation in court. So budget at least £5,000 and probably more if someone decides to contest it. Just another reason everyone should make a will.

Crabapple

Having an order on its own doesn't entitle you to make a Will for someone, although presumably if a deputyship is already in place it would help a little as lack of capacity has already been proved.

Statutory Will applications the Court has to approve each step including every last word of the Will, definitely not a DIY job!

troubleinparadise

Crabapple wrote: »

You can apply to Court to make a Will for someone who does not have capacity.

https://www.gov.uk/apply-statutory-will/overview

It is a long, complex and expensive process and rarely worth all that effort.

Intestacy then a variation if everyone agrees is by far the best way to go.

I hadn't realised that it was possible to do this - but having read through the forms to be completed, I suspect that not many applications are made, let alone make it through the process of approval to becoming a statutory will.... and certainly not a backdoor method of benefitting from a person who has lost capacity!

ps that last comment has no connection with this thread!

TBagpuss

Given you mention 'surviving sons', Is the grandson mentioned in Mum's will the child of a child who died before mum did?
If so, (and if grandson was an only child) then intestacy would have the same effect, as when a parent dies intestate, their estate is shared equally between their children, but if a child has died before the parent, leaving a child or children of their own, then their share is split equally between their children.

Another option, if this isn't the case, would be for the beneficiaries under the intestacy to enter into a deed of variation to redistribute the estate in accordance with Mum's will. They would all need to agree, (ad I'm assuming they are all adults)

Yorkshireman99

securityguy wrote: »

Well, that's one to file away. My parents always said it was not possible under the CoP order they operated my grandmother's affairs under, but I presume they meant not practical (a deed of variation was possible as all beneficiaries of the original will were happy to make the necessary changes). As the helpful posters say, expensive: £400 minimum for most people, and pretty daunting without professional advice. Thanks for the pointer.

I think what was meant was that it could not be done under a POA. It is an entirely separate procedure. Given that there is already a procedure to deal with intestacy I am puzzled as to the need for a statutory will at all. Maybe others have ideas as to who would legitimately be cut out or included by such a will.

securityguy

"Given that there is already a procedure to deal with intestacy I am puzzled as to the need for a statutory will at all"

Presumably in cases where there's a strong argument that the intestacy rules would conflict with natural justice.

Yorkshireman99

securityguy wrote: »

"Given that there is already a procedure to deal with intestacy I am puzzled as to the need for a statutory will at all"

Presumably in cases where there's a strong argument that the intestacy rules would conflict with natural justice.

Of course but can you suggest a scenario where the intestacy law, that is designed to be fair, should be overridden?

securityguy

"Of course but can you suggest a scenario where the intestacy law, that is designed to be fair, should be overridden?"

Incapacity occurring during divorce proceedings?

Yorkshireman99

securityguy wrote: »

"Of course but can you suggest a scenario where the intestacy law, that is designed to be fair, should be overridden?"

Incapacity occurring during divorce proceedings?

I see what you are getting at but I am not sure that would grounds to do it.