Statutory Wills in the Court of Protection - Latest Case Law & Practical Update

Introduction

Stay ahead of developments in statutory will applications with this essential update for private client practitioners.

The law surrounding statutory wills in the Court of Protection continues to evolve, with recent case law shaping how applications are approached and the principles that practitioners must consider when advising clients.

This webinar provides a focused review of the latest judgments, emerging precedents and key practical implications for private client professionals. It will help you refresh your knowledge, understand the current legal landscape and ensure your advice and applications reflect the most recent developments.

Whether you regularly deal with Court of Protection matters or need to maintain an up-to-date understanding of this specialist area, this webinar offers valuable guidance on the issues that matter most in practice.

What You Will Learn

The webinar will cover the following:

• When a statutory will may be required and the circumstances in which an application to the Court of Protection is appropriate
• The process for making a statutory will application, including key procedural considerations and practical steps
• Understanding the role and responsibilities of the litigation friend in statutory will proceedings
• Responding to objections and challenges to statutory will applications
• Key points from the Official Solicitor’s 2021 practice note and its practical impact on applications
• When the court may dispense with service requirements following developments in M and H v P and Fairweather v AG
• The approach to private hearings following W v P and the implications for practitioners
• Assessing the weight to be given to P’s testamentary wishes where issues of capacity or undue influence arise
• The role of charities as beneficiaries and considerations when including charitable gifts in statutory wills
• Options available where the validity of an existing will is challenged or uncertain
• Exploring the relevance of acting in P’s best interests and whether ‘doing the right thing’ is a relevant consideration
• Recent and emerging case law developments shaping statutory will applications