Property management and statutory wills

Property management

Whether the question is to sell a family home to fund care, relocate a loved one closer to family, or manage a portfolio of properties owned by someone who can no longer do so themselves, every decision holds significant consequences. Not only that, but when acting on behalf of someone else, you must be able to demonstrate decisions taken are in the person’s best interests and made within the boundaries of what an LPA or deputyship order permits.

The property picture isn’t always straightforward. Where there are multiple properties, mortgages, tenants or competing family interests involved, the complexity increases significantly and the risk of making a decision that are later challenged rises with it.

Our Court of Protection team give attorneys and deputies clear, practical guidance on what they can and cannot do, protecting both the person who lacks capacity and those acting on their behalf.

Statutory wills – protecting someone else’s wishes

If someone loses capacity without a will in place, intestacy rules will determine what happens to their estate in the event of their death. Those rules frequently produce outcomes that bear little resemblance to what the person would have wanted. From unmarried partners receiving nothing and certain family members being treated unfavourably, to the inheritance tax burden on the estate ending up unnecessarily high or stepchildren losing out altogether.

Where an attorney or deputy believes the outcome under intestacy would not reflect their loved one’s true wishes on death, they can apply to the Court of Protection for approval to create a statutory will on that person’s behalf. A statutory will can protect important relationships, reduce tax exposure and, where appropriate incorporate will trusts to preserve the estate for future beneficiaries, such as grandchildren.

Our solicitors advise on whether a statutory will application is the right step, handle the will preparation and manage the Court of Protection process through to approval.

Your loved ones protected, the burden lifted.