What is a Statutory Will?
A Statutory Will is the name given to a Will that’s put in place for someone who has lost the capacity to make a Will themselves.
This may be necessary because the person 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.
A Statutory Will may also be required when someone who has lost capacity already has a Will but it is out of date because of a change in their circumstances.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 Clarke Willmott can help
We have a specialist team of Court of Protection solicitors, 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.
- Wills, Trusts, Probate and estates
- Health and social care law
- Power of Attorney
- Court of Protection – managing the affairs of someone without mental capacity
- Factsheet: Capacity to make a Will
- Elderly Care and Court of Protection blog – for news and articles
- Wealth, Health and Inheritance Briefing – view the latest edition and sign up for regular updates
Contact a Court of Protection solicitor
For advice about making a Statutory Will though the Court of Protection call our specialist team of lawyers now on 0800 652 8025 or contact us online.