A Statutory Will is a Will made on behalf of someone who lacks the capacity to make a Will. It is created under the supervision of the Official Solicitor and must be approved by the Court of Protection. The overarching consideration is whether the making of a Statutory Will is in the best interests of the person who lacks capacity.
There are several circumstances in which a Statutory Will may be appropriate. These include if someone has not made a Will (or their Will does not take account of their current circumstances) and they have lost mental capacity, e.g. if they have dementia, or if they have a learning disability which affects their ability to create a Will. This is particularly the case in instances of second marriages, where there are children from the first or both marriages, where someone cohabits but has not married or where there is a potential beneficiary with specific needs.
The process of applying for a Statutory Will can be time consuming and involves a significant amount of paperwork and strict deadlines. We are able to assist you in all elements of the application process including:
- Obtaining details of the family and preparing a suitable family tree;
- Assembling financial information;
- Preparing the application forms and submitting the same to the Court of Protection;
- Corresponding with the Official Solicitor;
- Serving court papers on all parties who need to be notified;
- Preparing a suitable draft Will;
- Overseeing the execution of the Will once it has been approved by the Court.
Please call our resident expert Ashley Minott on 0194 893518 if you would like to discuss any elements of applying for Statutory Wills or other applications to the Court of Protection.