I have a client that wants to seek a Statutory Will for his wife who does not have mental capacity as he wishes to disclaim his interest in her estate for care charges reasons. Husband already has a sizeable estate but it is not taxable for IHT. Husband is worried that if he loses mental capacity then he will not be able to disclaim or prepare a deed of variation so is looking at a statutory will.
The wife already has a Will leaving everything to her husband.
Does anyone know if I would be successful in making this application bearing in mind the reason in that the husband does not want to bulk his estate up in case their joint estates are all taken up in care fees.
Graham and Rosen