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Statutory Wills & the Court of Protection

What are Statutory Wills?

A Statutory Will is the name given to a Will which is put in place for someone who has lost the capacity to do it themselves.

This may be necessary because the Will maker is no longer able to instruct a solicitor themselves to prepare a Will, but they had made clear before they lost capacity that they wanted a particular person to inherit but had not got around to making a Will to that effect.

A Statutory Will may also be put in place when someone has a Will which is out of date because of a change in their circumstances. In each of these situations an application must be made to the Court of Protection for a Statutory Will to be put in place.

This process can be complicated and stressful.  Family members can disagree and the Court of Protection is likely to involve the Official Solicitor who, despite the Deputy making the application, will represent the interests of the incapacitated person.

How we can help you

We are experienced in helping Deputies to make these applications and in managing the expectations of wider family members throughout the process.  If the application is urgent we can help get the application fast tracked through the Court of Protection.