Statutory Will
A will made by the Court of Protection on behalf of someone who lacks mental capacity. Requires court approval and must be in the person's best interests.
A statutory will is a will made by the Court of Protection for someone who lacks the mental capacity to make one themselves.
When a Statutory Will Is Needed
- Someone loses capacity before making a will
- An existing will is outdated and no longer reflects reasonable wishes
- Tax planning would benefit the estate (and beneficiaries)
- Someone receives a large injury settlement and needs estate planning
The Court Process
- Application to the Court of Protection
- Notify interested parties (likely beneficiaries under intestacy or current will)
- Court considers what the person would have wanted
- Court decides if the will is in their best interests
- Will is executed in special form
What the Court Considers
- The person's past wishes and values
- Their relationships and who they'd want to benefit
- Tax efficiency (but not the main factor)
- Views of family and carers
- What the person would have done if they had capacity
Common questions
How much does a statutory will cost?
Court fees plus legal costs - typically £3,000-10,000+ depending on complexity and whether contested.
Can anyone apply for a statutory will?
Anyone with sufficient interest - family members, deputies, carers, or professional advisers.
Will the court definitely approve it?
Not always. The court considers whether it's in the person's best interests and reflects what they would have wanted.
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