Statutory Wills

Q: When do I need a statutory will?

A statutory Will is necessary if a person doesn’t have: A clear understanding of what they’re doing or what their Will is saying Awareness of what they’re leaving in the Will, or how much property or money they have The ability to consider who they should be providing for, or who might make a claim against their estate.

Q: How does the court make a decision?

When you make an application, the Court of Protection will look at: The beliefs and values of the person you are acting for (both past and present) Any written statements from the person, from when they had capacity to make them The views of those close to the person, like family members and support workers The views of the person’s attorney or deputy.

A Statutory Will is a Will approved by the Court of Protection on behalf of someone who lacks the mental capacity to make their own Will. If you’re acting on behalf of someone else, as a deputy or attorney, one task you may find yourself facing is applying for a Statutory Will.

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Why choose us to help you with your Statutory Will?

Our specialist Court of Protection solicitors offer a comprehensive service that sees you’re supported from beginning to end. We’ve decades of experience in helping clients make Statutory Wills and giving them the best chance of being approved by the Court.

Statutory Will applications can take six to 12 months. There are several forms to fill out, and opportunities may be given to other family members or beneficiaries to comment and possibly change the terms.

If the Will is in dispute or if you are close to the person you are acting for, this can be a very upsetting time. A solicitor can take away some of the burden.

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Our team are here to ensure people receive the care, respect, and advocacy they deserve.

Lucy Nicol

National Head of Court of Protection

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Lucy Nicol

National Head of Court of Protection

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Frequently Asked Questions

How is a statutory Will different from a normal Will?

Anyone can make a normal Will if they have the mental capacity. A Statutory Will is a Will that the Court of Protection can approve for someone who doesn’t have the capacity to make their own Will. If someone already has a Will but it’s out of date or there’s a change in circumstances, a Statutory Will may also be needed.

Statutory Wills need to be authorised by the Court of Protection, and signed by the deputy or attorney of the person who doesn’t have capacity.

To make a Statutory Will, a deputy or attorney must apply to the Court of Protection on behalf of the person who lacks the mental capacity to make their own Will.

How can I contest a Will?

Someone making a Will is known as a testator. ‘Testamentary capacity’ means they’re legally able to make that Will. If they don’t have testamentary (or mental) capacity, the Will won’t be valid. You might be able to contest a Will if:

You believe the Will doesn’t reflect the person’s wishes
The Will contradicts agreements or promises made previously
The Will doesn’t provide for you or others who could expect to benefit
You are aware the person had a medical condition that affected their mental capacity.

When do I need a statutory will?

How does the court make a decision?

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