Can I Write A Will For Somebody Else?

It is possible to write a Will for yourself at home or someone else, even if the other person lacks mental capacity.

Writing a Will for someone with mental incapacity

It’s important to appreciate that someone who is unable to manage their finances may still be deemed by law to be capable of making their own Will.

For the purposes of writing a new Will or changing an existing one, mental incapacity refers to someone who cannot appreciate:

• The nature and consequences of the Will
• The extent of their assets and the potential beneficiaries
• How the new or amended document might affect others

If someone lack capacity you can make an application to make a Will on their behalf, or amend and existing Will. In order to do this you must apply to the Court of Protection and you will be required to prove to them that they person is not able to make a Will by themselves. You will also need to provide supporting documents, such as a family tree and reasons why the person might be expected to provide for the people named in the Will.

You will also be required to make decisions that are in their best interests, taking into consideration what they would do if they could make the Will themselves and their beliefs, among other things.

You should download the appropriate forms, complete them and submit them to the court – it will then advise you on your next steps.

It may, for example, ask you to contact the Official Solicitor and individuals who are affected by the Will, and to attend a hearing.

Finally, you and the witnesses must sign the Will which you then send to the Court of Protection to be ‘sealed’.

Can I write a Will for someone else?

It’s possible to write a Will for someone else.

Should you have any concerns, however, you should seek legal advice.

Expert advice on writing a Will from Wilson Browne Solicitors

Writing a Will for someone else is a great responsibility that could have profound consequences for that person’s family and friends.

It’s for this reason that many people choose the reassurance of obtaining specialist advice.

Wilson Browne Solicitors has a proven track record of success in all aspects of writing a Will.

With our expert team of dedicated professionals and network of branches we can offer the face-to-face support you need at a convenient location.

Please get in touch with us by calling 0800 088 6004 or completing our online contact form.