What is a Statutory Will?
A Statutory Will is the name given to a Will that the Court of Protection can put in place for a person who’s lost the capacity to make a Will themselves. One may also be required if the person has a Will but it is out of date or there’s been a change in their circumstances.
In each case, an application for a statutory Will to be put in place must be made to the Court of Protection.
Who can apply for a Statutory Will?
An application is normally made by the person authorised to act for the person lacking mental capacity. This is often a Court of Protection Deputy or someone with Power of Attorney.
What’s involved in making a Statutory Will?
Applying for a Statutory Will can be a complicated and time consuming. This is why people usually appoint an experienced Court of Protection solicitor to guide them through the process.
A representative of the person lacking capacity will need to make an application through the Court of Protection. This involves completing a number of forms and may involve a hearing in the court.
Among other requirements, a copy of the person’s existing Will, a draft of the proposed Will, details of their family, assets and income, as well as medical evidence of their incapacity has to be provided to the court, together with any other evidence the court requires.
The Official Solicitor will generally be appointed to represent the person’s interests. Anyone who would be potentially affected by the application (perhaps a beneficiary who would lose out, for example) will be a party to the court proceedings.
The statutory Will application process:
- The Attorney, Deputy or solicitor will need to complete a number of forms, including a witness statement and assessment of capacity form;
- The application is sent to the Court of Protection;
- Family members or interested parties will be informed and consulted about the contents of the Will;
- There may be a hearing, if the Court of Protection decide that one is required;
- If the application is approved the Will is signed and sealed by the Court of Protection.
This process can be complicated and stressful, and family members can disagree. If that happens the Court of Protection is likely to involve The Official Solicitor who will step in to represent the interests of the incapacitated person.
Why use Clarke Willmott for Statutory Will application?
The process of making a Statutory Will can be complex, but we can help you.
We have many years in-depth experience of such applications, particularly as two of our partners are professional Deputies and deal with the Court of Protection on a very regular basis. In short, we are specialists in this area, and we know what we’re doing, enabling us to deal with applications efficiently and in the fastest time possible. We aim to make the process as smooth and as stress free as we can, managing the expectations of family members throughout.
Don’t worry, if the application is urgent, we can help get it fast tracked through the Court of Protection.
Contact us for a free and confidential initial consultation. We have specialist Court of Protection lawyers in London, Manchester, Bristol, Cardiff, Birmingham, Southampton and Taunton. Call us now on 0800 652 8025 or contact us online.