If an individual is shown to have lost capacity and they do not have a valid Will, an application can be made on their behalf to the Court of Protection for a Statutory Will to be put in place for them.
If such an application is made and the Court is minded to order a Statutory Will for the individual, the terms of this will be based on the following considerations:
The best interests of the individual, as is perceived by the Court.
The individual's current circumstances and any past or present wishes or feelings that they had expressed whilst they had capacity.
The individual's beliefs and values.
The views of those who are engaged in the care of the individual or are interested in their welfare, such as an attorney or deputy.
It should also be noted that, should a Statutory Will be created by the Court it is only going to broadly deal with an individual's assets.