Will planning for those without the mental capacity to make a valid Will, whether as a result of brain injury, degenerative brain disease or those under the age of 18, is a complex area. It is necessary to make what is called a Statutory Will, which requires the approval of the Office of the Public Guardian. This in turn requires evidence to be provided that all relatives of the testator have been actively considered in drafting the Will, and that the allocation of assets among those relatives is equitable in the circumstances.
Typically the lead in drawing up a Statutory Will is taken by the Deputy appointed by the OPG to administer the testator’s affairs, and this will often be motivated by a desire to either exclude beneficiaries who would inherit under the intestacy rules (for example a parent held responsible for brain injury to the child) or to include beneficiaries who would otherwise be excluded (e.g. life partners other than spouses or civil partners).
We can advise on the Inheritance Tax implications of a Statutory Will, and also have experienced business contacts who can both prepare such documents and agree their terms with the Office of the Public Guardian. Please contact Sharon Nash
SBN Tax & Accounts Services Ltd 