What is a Statutory Will?

What is a Statutory Will?

A statutory Will is a Will made on behalf of someone who is confirmed to have lost the capacity to make a Will themselves by the Court of Protection.  A statutory Will can be written if a person does not have an existing Will in place but can also be done should the existing Will of that person no longer reflect their wishes.

Who can make a Statutory Will?

When making a ‘normal’ Will it must be shown that the person instructing the Will writer has something known as ‘testamentary capacity’. This means that the person making the Will is at full capacity and is able to provide clear and understood instructions regarding their wishes.

If a person does not satisfy the test for mental capacity under the Mental Capacity Act 2005 then an application to the Court of Protection for a Statutory Will can be made but only when a person no longer has mental capacity can the application indeed be made.

Who can apply to make a Statutory Will?

There is a procedure that must be followed if a person wishes to apply for a statutory Will to be made on behalf of someone.

People usually apply for a statutory Will to be made if:-

• They are a Deputy of the person they wish to make an application for
• They are, under the Intestacy Rules, entitled to some of the estate of the person the application is being made for
• They are an attorney under the registered Enduring Power of Attorney
• They are an attorney under a registered Lasting Power of Attorney

Our team of experts will be able to guide you step by step through the process and explain in plain English every detail  as we understand sometimes key messages can be lost in legal jargon.

For advice further advice on Court of Protection and Wills  contact our team on 0800 015 0340 to arrange an initial free half hour appointment at any of our offices in Huddersfield, Halifax, Wakefield, Horbury, Leeds, Pudsey or Morley.