Understanding statutory wills | Interview with Kathleen Bennet

What you’ll learn in this video

Understanding statutory wills: Law, process and proposed reforms

 

In this in-depth discussion, Holly Miéville-Hawkins, Partner in the Court of Protection team at Anthony Gold, speaks with Kathleen Bennet, a solicitor in the London Court of Protection team, to break down everything you need to know about statutory wills, testamentary capacity and the latest legal developments proposed by the Law Commission.

This comprehensive video covers:

What a statutory will is and when the Court of Protection becomes involved

Learn how statutory wills work, why they are needed and how they differ from wills made personally. Holly and Kathleen explain the Banks v Goodfellow test for testamentary capacity and how this contrasts with the Mental Capacity Act framework used by the Court.

Understanding the process of making a statutory will

Discover the key COP forms required, including the COP3 capacity assessment, COP1, COP1A, COP1C and COP24 witness statement. The video outlines the essential financial, medical and personal information involved, including life expectancy, inheritance tax considerations and the importance of a family tree.

Who must be notified in a statutory will application

The interview clarifies who should be added as respondents, how to involve beneficiaries under existing wills, intestacy rules and proposed statutory wills, and how to protect sensitive information through redaction. Holly and Kathleen also explain the role of litigation friends and when the Official Solicitor becomes involved.

What happens after the application is submitted

Kathleen walks through the next steps, including gathering respondent views, the Official Solicitor’s assessment, the possibility of mediation, and when a statutory will case may proceed to a hearing. The video also covers who pays the costs of the application and when the Court may depart from the usual costs rules.

Key Law Commission proposals for reforming statutory wills

The video ends with an important update on proposed changes, including:

  • Moving away from the Banks v Goodfellow test
  • Lowering the minimum age for will-making from 18 to 16
  • Giving greater weight to an individual’s own wishes
  • Extending statutory wills to certain overseas assets
  • Reforming the rule of ademption for attorneys under lasting powers of attorney

Whether you are a deputy, attorney, practitioner or someone supporting a loved one who lacks testamentary capacity, this video provides clear, authoritative guidance on a complex area of law.

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