Statutory Wills

A Statutory Will is a Will that is made on behalf of someone who lacks the mental capacity to make or amend their own Will. It is created by the Court of Protection under the authority of the Mental Capacity Act 2005.

A formal application to the Court of Protection is required, which includes a capacity assessment, detailed information about the person’s current circumstances, their known wishes and beliefs and explanation as to why a Statutory Will is necessary.

The Statutory Will can be challenged during the application process.

If the application is successful, the Court will make a Statutory Will on behalf of the individual, which becomes their valid Will. The Statutory Will is legally binding and it cannot be challenged.

The application process for a Statutory Will can be costly, involving legal fees, Court fees, and medical assessments fees. Our Court of Protection team can provide you with an estimate of legal fees, which will depend on the complexity of the application required. 

The Statutory Will process can take several months, depending on the complexity of the case and the workload of the Court. However, urgent applications can be made for a Statutory Will, for example in the event of critical illness.

To ensure that the application process runs smoothly, we strongly recommend you consult our Court of Protection team.