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Making an application for a statutory will

There are 4 stages to consider when making an application to the Court of Protection for a statutory will.

Stage one

1.  Complete the application form (COP1), Annex A supporting information (COP1A).

2.  Draft proposed statutory will.

3.  Doctor completed medical certificate (COP3). This may take some time to obtain.

Stage two

4.  All the above COP forms are sent to the Court of Protection with a cheque for £400 (some people may be entitled to a reduction in this fee which will be discussed with you).

5.  Court of Protection will place the application before a Judge or Authorised Officer for consideration.  They will issue the application (usually within 8 weeks) and return it to the firm.  It is possible at this stage that a hearing date will be given.

6.  The issued application is served:

a)  personally upon the person it relates to;

b)  by post upon anybody affected by the application.

In both cases along with a form which allows them to notify the Court of any objections they may have about the application.

7.  Notice of service forms, once completed, are sent back to the Court of Protection.

8.  The application will also be sent to the official solicitor, who is appointed to consider the application from the point of view of the person whose Will is being considered.

Stage three

9.  The official solicitors will be in touch to confirm they have the application and to set out their fees.

10.  After they have considered the application the official solicitor will then set out what their position is and comment on the proposed Will. Usually there is an exchange of correspondence. Hopefully the issue will be agreed without the need to attend the hearing date given. It is possible to adjourn the date if it is thought that agreement is close. It is very rare for a hearing to take place.

Stage four

11.  Once the official solicitor and you have agreed the wording of the Statutory Will an Order will be made by the Court. This will state who should sign the Statutory Will.

12.  The Statutory Will is signed and sent to the Court of Protection for sealing.

13.  The Statutory Will is returned to this firm who give an undertaking to hold it to the Courts order.

 

There are 5 stages to consider when making an application to the Court of Protection. - See more at: http://www.mooreblatch.com/individual/protecting-vulnerable-people/making-an-application-to-the-court-of-protection/#sthash.jG4tfFLB.dpuf

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