wills, gifts, settlements (COP GN8)
| Published date | 21 March 2018 |
| Subject Matter | Court of Protection forms and guidance |
1
Applications for Statutory Wills, Gifts, Settlements and
other dealings with P’s property
COP
GN8
12.17
Court of Protection
Who should read this guidance?
This leaflet explains how to make an application for
a statutory will, codicil, gift, or other settlement of
property.
For further detailed guidance about making an
application, refer to Court of Protection practice
direction 9E available from the website
www.gov.uk/court-of-protection
The Office of the Public Guardian (OPG) also
publishes a helpful guide for deputies about making
gifts. You can obtain this guide from the OPG on
0300 456 0300
How to apply
The following forms must be completed and signed:
• COP1 Application form
• COP1C Annex C: Supporting information for
applications relating to a statutory will, codicil, gift,
or other settlement of property
• COP3 Assessment of capacity
You must also provide all the additional information
specified in form COP1C and practice direction 9E.
Please note the followi ng:
Any application for a statutory will, gift, settlement,
etc must be free standing and separate from, say, an
application for the appointment of a deputy.
Evidence of capacity must relate to the decision in
question (e.g. capacity to make a will, or make a gift).
It will not usually be acceptable to rely on evidence
submitted with an earlier application to the court
In most cases, the Court will join the person who
lacks capacity as a party to the proceedings and will
invite the Official Solicitor to act as the litigation friend.
The general rule is that costs in proceedings for
applications relating to property and affairs (such as
applications for statutory wills, gifts and settlements)
are paid out of the estate the person who lacks
capacity. This is only a general rule and the court may
make an order that someone else should pay. Costs
will include the costs of the Official Solicitor and he is
happy to provide details of his charges once he has
accepted appointment as litigation friend.
The Official Solicitor recommends making early
contact with his office to discuss the application and
you can find his details on his website: www.gov.uk/
government/organisations/official-solicitor-and-public-
truste e
Court fees
An application fee is payable when you make an
application. Cheques should be made payable to
HM Courts & Tribunals Service (HMCTS).
For further details, please see booklet COP44 - Court
of Protection fees available from the website:
www.gov.uk/court-of-protection.
Disclaimer
Court of Protection staff cannot give legal advice.
If you need legal advice, please contact a solicitor
or your local Citizens Advice. Information in this
guidance is believed to be correct at the time of
publication; however, we do not accept any liability for
any error it may contain.
If you need further help with your application, please
check the website: www.gov.uk/court-of-protection
To continue reading
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