Drafting a statutory will
Unfortunately, a significant proportion of applications to the Court of Protection seeking authority to execute a statutory Will, include drafts that do not comply with the precedent of the court. The formal parts, in particular the attestation clause, must follow the requirements of section 3 (2) of schedule 2 to the Mental Capacity Act 2005.
A precedent is provided as the annex to 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