Personal

Statutory Wills

Having a valid Will is essential and our expert solicitors can assist you in dealing with the complexities of the Court of Protection.

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What is a statutory Will?

A statutory Will is made on behalf of an individual who 'lacks mental capacity', as determined by a medical professional, and authorised by the Court of Protection. If a person is unable to make decisions for themselves, the Court of Protection can approve the creation of a statutory Will on their behalf.

When will a statutory Will be required?

The person in question may suffer from dementia and is unable to consult a solicitor themselves to create a Will, or they may have suffered from a brain injury causing them to require assistance when dealing with certain matters; in these cases a statutory Will application may be necessary. The individual may have expressed their wishes before they lost mental capacity and is no longer able to relay instructions to a solicitor, in which case a statutory Will may be necessary if changes to an existing will are needed, or if no will yet exists.

The Court of Protection may issue a statutory will if:

  • There is no Will in place for the individual who lacks mental capacity
  • The estate listed in their existing will has decreased in value and therefore needs amending
  • The estate listed in their existing will has increased in value
  • Additional changes need to be made to the existing Will
  • Tax planning needs to take place in accordance to the contents of the Will
  • Circumstances involving the beneficiaries have changed

How is a statutory Will made?

A Will cannot be executed by a Deputy or an Attorney without consent from the Court of Protection, in which case a solicitor may be required to assist with the application. Certain requirements for the application include details such as:

  • Medical evidence that the individual lacks mental capacity and is unable to make decisions for themselves
  • Any relevant background information in relation to the individual that may influence the application
  • Details about the assets to be included in the Will
  • If applicable, a copy of any Wills that have been made prior to the one in question
  • Details about possible tax implications that are involved with the Will
  • A completed draft of the intended Will

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Our dedicated Wills, Probate, Tax & Trusts team

Cassine Bering

Cassine Bering

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Wills, Probate, Tax & Trusts

PinPreston

Call01772220256

Elizabeth Whitaker

Elizabeth Whitaker

Associate

Wills, Probate, Tax & Trusts

PinPreston

Call01772 220198

Jane Burbidge

Jane Burbidge

Partner

Wills, Probate, Tax & Trusts

PinPreston

Call01772 220156

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Contact Us

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Call0800 975 2463

CallRequest a call back

EmailSend us an email

Contacting Us

Monday to Friday: 09:00 to 17:00
Saturday and Sunday: Closed