Services
Deputyship & Court of Protection
In situations where an individual loses capacity, Courts often require specific research to be conducted to elucidate the family makeup. This can be in connection to Statutory Will applications, or to undertake more general tracing enquiries relating to Guardianship affairs. We have extensive experience of working with Deputies and our services are designed to connect you to the information and the evidence you need for any eventuality.
We can assist in:
- Family tree research following set guidelines
- Tracing next of kin and others where required
- Exercising the required care and discretion in sensitive matters
Statutory Wills
The Statutory Will procedure often dictates that the Person’s Statutory Next of Kin be formally identified and notified that a Will is being prepared on the Person’s behalf. The guidelines set out that Statutory Next of Kin are those who would potentially be entitled to benefit as if on intestacy. Unless otherwise stated, the rules of intestacy then form the structure of how research should be carried out. Enquiries then need to account for the intestate order of precedence, before identifying the Statutory Next of Kin within the applicable class.
Sensitive Matters
We understand the sensitivity of Guardianship. All of our research in these cases is conducted with the utmost professional care and discretion. No mention of, or reference to, potential benefit is made during our correspondence with kin. We’ll always clarify the exact scope of investigation with you at the outset, including the extent of contact with those involved. We recognise that timescales can also be a pivotal factor in research considerations, so we kindly ask that you inform us of any hearing dates or other applicable deadlines prior to us commencing our enquiries.
Deputyship & Court of Protection FAQs
What do I need before starting a Statutory Will search?
The Person's key information (name, date of birth, or current and previous addresses) can be enough for us to begin research. In many Statutory Will cases, the family is completely unknown, however even anecdotal knowledge can assist.
Please make sure to advise us if any Court deadlines have been set, so that we can orient our research timescales to these as best we can.
Is it always necessary for you to contact the Statutory Next of Kin?
Interviewing family members forms an important part of our research. Obtaining family testimony is often key in solidifying the enquiries that we conduct using the documentary record. We do understand however, that in some cases it's not always viable, whether a case touches on a particularly sensitive family matter, or contacting family is otherwise just not practical. We will always agree the extent of contact with you before any research has been undertaken.
What are your fees?
All of our Deputyship and Court of Protection case quotes are bespoke, prepared in consideration of each case and offering you a choice between time and expense and fixed-fee where possible. As with all of our family tree enquiries, each receive a free preliminary review and an accompanying quote returned to you within 48 hours of receiving the details for UK matters.
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