Q&As

Is a deputy for an individual without testamentary capacity, who is of uncertain domicile, able to create a statutory Will, per Practice Directions 9E and 9F?

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Produced in partnership with Graham Stott of gunnercooke LLP
Published on: 10 March 2020
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Under section 18(1)(i) of the Mental Capacity Act 2005 (MCA 2005), the Court of Protection may authorise the execution of a Will for P, which, under MCA 2005, Sch 2, para 4(3), may make any provision which could have been made by P if they had capacity to make a valid Will and the Will had been executed in the manner required by the Wills Act 1837.

For further information, see Practice Note: Statutory Wills—Court of Protection applications and Commentary: Statutory Wills: Court of Protection Practice [1.833]–[1.835].

MCA 2005, Sch 2, para 4(4)–(5) provides as follows:

‘(4) But sub-paragraph (3) does not have effect in relation to the will─

(a)

Graham Stott
Graham Stott

gunnercooke LLP

Graham Stott is a former solicitor (2001) and a Notary Public (2007), having worked in high street, City, regional and national firms of solicitors. Graham is also a former soldier and officer who has attended the Royal Military Academy Sandhurst.

Graham is experienced in the drafting of wills, codicils, trust documents and powers of attorney, disputed wills, contentious probate, intestacy, trust disputes, Inheritance Act claims, TOLATA, proprietary estoppel, equitable accounting, and Court of Protection.

Whilst a solicitor, Graham acted for HNW individuals, company directors, entrepreneurs, non-domiciled/non-resident individuals, PRs, trustees and elderly/vulnerable clients.

Graham also has experience working with wealth preservation teams from national firms of accountants, private banks and the private wealth divisions of high street banks in wealth preservation and succession planning. Graham has acted as an enduring/lasting attorney, a professional executor and a professional trustee.

Graham’s practice includes advisory, drafting, advocacy as well as the conduct of litigation.

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Deputy definition
What does Deputy mean?

An individual appointed by the Court of Protection to make decisions on behalf of a protected person in respect of either their property and financial affairs or health and welfare. The duties of deputies are set out in the Mental Capacity Act 2005 (MCA 2005) and its accompanying practice'>code of practice.

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