‘A Practical Guide to the Law of Statutory Wills’ by Alex Troup

Description

A statutory will is a will (or codicil) executed by a third party with the authority of the Court of Protection on behalf of an adult person who lacks capacity to make a will himself. A Practical Guide to the Law of Statutory Wills applies a practical and user-friendly approach to the subject of statutory wills. It takes the reader through the relevant legal principles using clear and simple language, including all the latest developments and case law. It provides a step-by-step guide through each stage of making an application for a statutory will, including examples where appropriate to assist the reader. It incorporates specific sections on applying for statutory wills in a medical emergency, the effect of statutory wills where there is an international element, and negotiating compromises of statutory will applications. It will be essential reading for anyone (whether lawyer, other professional person, or layman) who is considering making, or finds themselves involved in, a statutory will application.

ABOUT THE AUTHOR

Alex Troup is a barrister who practises from St. John’s Chambers, Bristol. He specialises in the law of succession, trusts and Court of Protection matters, and is ranked as a “star individual” for chancery matters in Chambers UK. He also has a busy practice as a mediator and is on the panel of approved mediators for the Court of Protection Mediation Scheme.

CONTENTS

Introduction
Chapter One – Is P an Adult Who Lacks Testamentary Capacity?
Chapter Two – Does P Currently Have a Will?
Chapter Three – Would It Be in P’s Best Interests for a Statutory Will to Be Authorised and, if So, on What Terms?
Chapter Four – When Should an Application for a Statutory Will Be Made?
Chapter Five – Does Your Case Involve an International Element?
Chapter Six – What Procedure Should Be Followed When Applying for a Statutory Will?
Chapter Seven – How Do I Make an Urgent Application for a Statutory Will in a Medical Emergency?
Chapter Eight – Who Will Pay the Costs of a Statutory Will Application?
Chapter Nine – What Is the Nature and Effect of a Statutory Will?
Chapter Ten – Can I Negotiate a Compromise of a Statutory Will Application Out of Court?