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What is a statutory will?

A person making a will must have the necessary mental capacity required to do so (called testamentary capacity). If they do not have testamentary capacity, they cannot make a will. However, someone who has lost capacity to may still need to have a will in order to deal with his or her future estate.

The Court of Protection has the power to make a will on behalf of someone who has lost the capacity to make a will. This is known as a statutory will.

When does someone need a statutory will?

Some reasons why a statutory will may be required include:

  • The person who lacks testamentary capacity does not have a will
  • The value of a person’s estate has increased or decreased
  • Beneficiaries under an existing will have died or their personal circumstances have changed
  • Tax planning purposes

How do I apply for a statutory will?

You will need to make an application to the Court of Protection. This process involves completing forms and making a witness statement to support the application. These documents are submitted to the Court of Protection with a court fee.

Statutory will applications are not granted by the Court of Protection in every case and this will depend upon a number of factors. It is therefore important to consider obtaining specialist legal advice before making such an application.

Our highly experienced Court of Protection solicitors work with families to obtain statutory wills or, where a statutory will may not be in the best interests of the person, to defend such an application.

Contact us to arrange a free initial 30-minute telephone consultation.


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