Making a statutory will to protect the estate of a vulnerable person

We advised an attorney on making a statutory will to protect the vulnerable person’s (P) estate after their death and to adjust the inheritance under the existing will.

The case

P suffered from dementia and resided in a care home. X and Y were P’s children and attorneys acting jointly and severally under a registered Enduring Power of Attorney (EPA). X and Y were also named executors in P’s existing will. Due to geographical proximity, Y handled P’s financial affairs and X did not have any reason to doubt Y’s actions. A couple of years later, X was notified by the bank and the care home that P’s estate had depleted and fees were due to the care home. X discovered that Y had been withdrawing large sums of monies from P’s bank account for expenses unrelated to P’s care and needs. Y could no longer be trusted with P’s affairs.

How we helped

X referred the matter to the Court of Protection and Y was removed as an attorney due to their actions. We advised X to make a statutory will on P’s behalf. Under the terms of the proposed will, Y would no longer be an executor to P’s will. By making such a will, X would remove the risk of Y having control of P’s finances after P’s death.  

About the author

Mitra Mann Senior Associate

Mitra specialises in inheritance disputes, mental capacity issues, disputes in Court of Protection proceedings and disputes concerning the appointment or the conduct of a Deputy or an Attorney.