The Court of Protection may make a Will or gift on behalf of a person who lacks capacity. In some cases, this simply puts into effect the wishes of a person who is unable to take the necessary steps for himself or herself. In others, a more complicated analysis may be required, and it may be necessary to correct a defect in an existing will or gift, or to carry out inheritance tax or other tax planning.
The making of statutory Wills and gifts requires consideration of a range of matters, including the financial circumstances of the person who lacks capacity, any wishes he or she has expressed, his or her relationship with his or her family, friends and associates, and his or her attitude to taxation and financial risk.
Members of Radcliffe Chambers act both for those seeking and those opposing the making of statutory Wills and gifts. Our clients include attorneys, deputies, friends and family members.