Unsigned will+Statutory Will

[Darling212]

Hello guys,
Just wondering if you can help?
My grandmother recently suffered a stroke which has left her mentally + physically incapacitated. She previously instructed a solicitor to make a new will but it was not signed. What can she do in relation to that incomplete will? Is it possible for someone else to just sign that Will, or statutory will must be made with the permission of the Court of Protection. I am confused as to what the position is from here. Thank you.

[Bill-K]

Re: Unsigned will+Statutory Will

Hi Darling and welcome to you. I am sorry to hear of your grandmother's recent stroke. There will be some better advice for you later, I'm sure, but my understanding of the way a stroke affects a person is that it is a physical condition which affects the brain, in that an area of the brain becomes incapacitated or inaccessible. In many (or perhaps all...?) cases, this does not affect the person's intellect - or their ability to think for themselves. But it can affect their speech and other bodily control. I believe that very often there is a person - of sound mind - locked inside a body which denies them the ability to move or express themselves in the normal way. I think the magnificent Stephen Hawking is a good example of this.

Although she may not be able to physically put her hand to paper to sign the will, I feel sure that there are other ways for her to legally declare herself to be of sound mind - and to effectively and acceptably sign the will by expressing her consent to it being lodged.

Just my unlearnéd opinion, though.

[Nikolai]

Re: Unsigned will+Statutory Will

Two points arise here:
*Does your grandmother have the necessary mental capacity to understand she is signing her Will?
*Is she physically capable of signing?
Have a word with her doctor about her mental capability, and also with her solicitor. If she has mental capacity, then the Will can be signed without involving the Court of Protection. If she can't physically sign it, it can be signed by someone at her direction - the solicitor will advise how this can be done.

[Darling212]

Re: Unsigned will+Statutory Will

Thanks Bill K and Nikolai for the replies. I should elaborate on my grandmothers condition. She is unable to physically and mentally function as well, she cannot talk or move sadly... so thus will be unable to sign any documents. It is highly likely that the Court of Protection will need to be involved. Can her incomplete Will be of any use then if it progresses to the Court of Protection? And what is a statutory will? is it possible that her previous unsigned will be incorporated into that statutory will? Or am i getting confused? Thanks again.

[Nikolai]

Re: Unsigned will+Statutory Will

Sorry, didn't realise your grandmother's condition. I'm no expert on this area, have a look at the following link:
http://www.charlesrussell.co.uk/User...tory_Wills.pdf
You could also speak to the Court of Protection - they are generally very helpful.