Statutory Will Applications

In the circumstances where someone lacks the capacity to prepare or make amendments to an existing will, it may be possible to submit an application to the Court of Protection to have a statutory will prepared.

As with all applications to the Court of Protection, the Court’s starting point is whether preparing the will, or amending a previous will, would be in the best interests of the person who lacks capacity. It is important to note that, even if a deputyship has been granted in respect of an individual’s property and financial affairs, they may still have the capacity to prepare or amend their will. As such, the starting point for such applications is to seek a report from a qualified professional to ascertain whether the individual has the capacity to make the will themselves.

When submitting the application, the Court requires a range of information including the details of the person who lacks capacity, as well as information as to their finances, assets, and the reasons why a statutory will should be made, amongst other points. The Court will also require a draft will to consider, and will request that all beneficiaries who have their interests impacted by the proposed statutory will are notified. Such notification means that applications for statutory wills can quickly become contested.

If you are considering whether you should make an application for a statutory will on behalf of someone who lacks mental capacity, please contact a member of our Court of Protection team for advice.