If someone lacks mental capacity and they haven’t already made a will, or that will is out of date, it may be that a deputy seeks to make a statutory will on their behalf.
If a deputy or attorney believes it is in the person’s best interests, they can apply to the court for a statutory will to be made for someone. It’ll enable that person’s wishes to be carried out even though they cannot sign a will.
You can also apply to the courts to have changes made to an existing will. This would be needed if your loved one expressed a desire to make said changes before they lost capacity, but never got round to doing so. Alternatively, if a change of circumstances means that a change to the will is needed.
It can be difficult as a deputy to be in the position of handling a statutory will for your loved one. These situations can involve family politics, for example if some family members who are named in an original will aren’t comfortable with changes being made. The Court of Protection will hear from anyone who has an interest in either the existing or new will, and will decide on the terms of the statutory will.