Statutory Will Applications Solicitors

Statutory Will Applications Solicitors

If an individual lacks mental capacity to prepare a new Will, as an appointed attorney or deputy, you are able to apply to the Court of Protection to sanction and grant a Will for that individual, known as a Statutory Will.

What is a Statutory Will?

A Statutory Will is a Will that is prepared by a permitted person, on behalf of an individual who lacks mental capacity.

If you are an existing attorney under a lasting power of attorney or a deputy appointed by the Court of Protection, you usually do not need permission to apply.

Why is a Statutory Will needed?

A Statutory Will is normally required when the individual does not have an existing Will in place and then Intestacy Provisions do not provide or pass an estate in accordance with the past wishes of the individual. 

A Statutory Will may also be required when an old Will leaves assets to estranged family members.

Application process

The court process for executing a Statutory Will can be a long, drawn-out process. There are various court forms which need completing as well as a notification process which would include researching the family tree to ascertain who would inherit if the Statutory Will was not obtained. If this process is not done in the correct manner, the court may reject any application or conflicts within the family may arise.

The court will require evidence that the individual lacks mental capacity, amongst other details such as family circumstances and financial information.