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A person who lacks mental capacity cannot make a will. Instead, you must apply to the Court of Protection for a statutory will to be executed on their behalf. Before we can do this, a decent amount of information is required including, for example, a family tree and a schedule of the person’s income and expenditure. Applications can also be made to transfer or make gifts of the person’s assets.
Specialist Court of Protection Solicitors
Statutory wills are a specialist area of Wills & Probate Law, and we recommend contacting specialist solicitors. Our teams have been providing services to those looking to execute statutory wills for over forty years sustaining a deep understanding in this area.
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What is a Statutory Will?
A statutory will is different from a regular will as it is put in place by the Court of Protection for those who lack capacity. They are important if the individual’s circumstances have changed, or their current will be out of date.
What Information do you need for a Statutory Will?
You will need to provide a large quantity of information to the Court of Protection to prove the necessity for a statutory will. From personal details of the individual to Lasting Power of Attorney documents or deputyship orders.
Some of the key evidence you will need is a family tree to prove your relationship with the individual in question.
Financial details will be neededsuch as, a schedule of the person’s income and expenditure. This may also include a current will, details of assets and liabilities.
To prove the person’s incapacity, you will need medical evidence. This should include a diagnosis of a cognitive condition, an assessment of a mental state from psychiatrist and life expectancy from a medical professional.
You will also need to a draft of the statutory will outlining beneficiaries and their entitlement. A solicitor can help you to write this document.
You may also be asked to provide witness statements from people who are close to the individual including family members and professionals who know the person well.
What is the Process of Applying for a Statutory Will?
- There are number of forms to complete to initiate the process. The Attorney, Deputy or solicitor does these. At this stage, all evidence will be collected, and a statutory will is written. A solicitor will guide you through this stage.
- The application is then sent to the Court of Protection
- Other parties will then be contacted. This includes family members and anyone else with vested interest. They will be told the contents of the statutory will.
*If required by the Court of Protection, a hearing will be called where the will is discussed openly between interested parties.
- Finally, the application is approved, they will sign and is sealed by the Court of Protection.
If you are ready to discuss applying for a statutory will, our solicitors are here to guide you through the process and remove any stress you may have.
Our Approach
Our teams are sympathetic to the difficult situation you are in, and the needs of all parties involved. We aim to champion those who lack mental capacity by helping those taking deputyship or Power of Attorney to make the best decisions on their behalf.
Our Work
We work diligently to support both the individual who lacks capacity and those caring for that person. Throughout any Court of Protection proceedings we ensure that you understand the process this complex area of law demands.
Our Clients
We work with anyone who is acting as someone’s deputy or attorney to execute a statutory will. If you are not currently acting as either, we can also provide legal advice on obtaining these titles and moving forward with a statutory will.
