Wills & Probate
Post Death Variations of an Estate
There are occasions when dealing with an estate where a post death variation is required. There are a number of reasons for this but the
Under the Mental Capacity Act 2005:
- A person must be assumed to have capacity unless it is established that they lack capacity,
- A person is not to be treated as unable to make a decision unless all practical steps to help them do so have been taken without success,
- A person is not to be treated as unable to make a decision merely because they make an unwise decision,
- An act done or decision taken for or on behalf of an incapable person must be done or taken in the incapable person’s best interests, and
- Before the act is done or a decision is taken regard must be had to whether the purpose for which it is needed can be as effectively achieved in a way that is less restrictive of the incapable person’s rights and freedoms.
