A Statutory Will is made by the Court of Protection (COP) on behalf of someone who is unable to do so due to a lack of mental capacity.
The COP is a specialist Court that helps those who do not have capacity to manage their own affairs and has the power to make decisions regarding their health, welfare, finance and property.
A Statutory Will has the same effect as a standard Will made by someone who does not lack capacity.
When is a Statutory Will necessary?
If an individual who lacks capacity requires a new Will or a change to an existing Will, an application to the COP will be required. This may be because:
- They haven’t made a Will before they lacked capacity
- A change to their current Will is necessary i.e. due to financial abuse by somebody
- The beneficiaries in the Will have died and the Will doesn’t provide for this
- They have high value assets or the value of their assets has considerably changed i.e. due to an unexpected inheritance; or
- Tax planning reasons
How can we help?
An application for a Statutory Will is a sensitive and complex process. Our team are experienced in dealing with these applications and can guide you through the process.