A statutory will is a will that is approved by the Court of Protection on behalf of a person who does not have capacity to make a will themselves. This may be due to a brain injury, disability, or illness such as Dementia or Alzheimer’s.
To make a statutory will an application needs to be submitted to the Court of Protection setting out the proposed terms of the will. Evidence would also need to be provided to the Court to confirm that the person lacks capacity to make a will. Any interested parties such as family members would be given an opportunity to provide their views before a final decision is made by the Court.
If you are appointed as a Deputy or Attorney for a family member you may need to make a statutory will application in the following circumstances:
- There is a will in place, but a new will is required due to a change in circumstances
- There is no will and the intestacy rules may not reflect the person’s wishes or result in a fair outcome.
Our Court of Protection team can guide you through the whole process from obtaining evidence to confirm that your family member does not have capacity to make a will to making the application itself.
For more information or advice from our specialist team please contact us: firstname.lastname@example.org.