Q&As

An order approving a statutory Will was made by the Court of Protection prior to the testator's death but the copy of the order was not received by the firm until after the death. As the order was made prior to death can the will be properly executed by the person authorised by the Court of Protection and held to be valid?

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Published on LexisPSL on 20/08/2018

The following Private Client Q&A provides comprehensive and up to date legal information covering:

  • An order approving a statutory Will was made by the Court of Protection prior to the testator's death but the copy of the order was not received by the firm until after the death. As the order was made prior to death can the will be properly executed by the person authorised by the Court of Protection and held to be valid?

Schedule 2 of the Mental Capacity Act 2005 sets out the formalities for the execution of a statutory Will and provides that, once authorised by an order of the Court of Protection, the statutory Will must be executed and then sealed with the seal of the Court of Protection.

A failure to execute the statutory Will prior to P's death will invalidate the statutor

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