Common business

The proceedings, to which P is generally a party are frequently concerned with applications for authority to execute a statutory will or codicil on behalf of P, to execute a deed of variation of the estate of a deceased person in which P has an interest, to make outright gifts, or to transfer any of the property of P's into a trust (settlement), but these examples are by no means exclusive.

The cases now come in at the rate of over 750 per annum and the Official Solicitor helps and advises the court in reaching a decision. Of most interest is the ability of the court to authorise the execution of a will on behalf of P, and these are the most numerous applications. Some wills involve considerable disagreement within the family. The court has to try and decide what P would do if of full capacity for a short period.

See the court's practice direction concerning statutory wills, codicils, settlements and other dealings with P's property.

For further information please contact the court of protection (financial cases) team on 020 7911 7215