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29 September 2023 / Gareth Williams
Issue: 8042 / Categories: Features , Wills & Probate
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A race against time?

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Delays in the processing of statutory wills are causing serious issues with estate distribution: Gareth Williams proposes a simple solution
  • With the resourcing issues currently faced by the court, any application for a statutory is now likely to take months.
  • Measures such as holding wills could be introduced to overcome the potential consequences to those lacking mental capacity and the distribution of their estate.

Court of Protection, wealth protection, trusts and estates practitioners will all share the same primary concern when submitting an application for a statutory will; namely, that the person whose mental capacity is in question (P) doesn’t live long enough for them to get to the end of the process and successfully achieve the desired outcome.

With the resourcing issues currently faced by the court, the same for the Official Solicitor and often a number of other represented parties, there is an uncomfortable expectancy now that any application will be resolved in months, rather than weeks; all while P’s circumstances remain unpredictable.

Much legal toing and froing and the associated costs can be in vain if P dies before the

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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