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Wills for persons without capacity

By Keith Lock, senior lawyer in the office of the Official Solicitor and Public Trustee.

17 May 2001

By Keith Lock, senior lawyer in the office of the Official Solicitor and Public Trustee.

Introduction

There is now a well established jurisdiction given to the Court of Protection enabling authority to be given to execute a will or codicil on behalf of a person lacking testamentary capacity (referred to in the legislation as a “patient” but in this article as a client).  The procedure is set out in the court’s practice notes PN9 and (for attorney cases) PN9A.  For brevity, only wills are referred to in this article. It is also worth consulting PN5, which sets out the procedure to be adopted when a client, though under the Court of Protection, still has testamentary capacity.  These notes can be obtained from the court, or from the web site of the Official Solicitor and Public Trustee at www.offsol.demon.co.uk.  The Official Solicitor is normally requested by the court to represent the client for the p...

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