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Most people know that making a will is a good idea. It allows you to say how your estate should be dealt with when you pass away and makes dealing with your estate much easier for your loved ones. But what if someone lacks the mental capacity to make a will?

What is a Statutory Will?

If a person is over 18 and lacks the mental capacity to make a Will, then an application can be made to the Court of Protection for a Statutory Will to be made on their behalf.

The Mental Capacity Act 2005 allows the Court to authorise the creation of a Will for someone who does not have capacity to make a Will themselves. The person who made the application can then make a Will for the vulnerable person and usually the Official Solicitor is appointed to represent them as an independent person.

A Statutory Will should reflect the best interests of the vulnerable person in whose name it is being made. The applicant and the Court will need to consider what the person would have put in their Will if they were able to make it themselves, bearing in mind the vulnerable person’s values and the decisions they have made in the past.

A Statutory Will, can cover all of the issues a standard will does, including what will happen to the vulnerable person’s home, their savings, investments and any other assets.

Starting your Statutory Will process

Applying to the Court of Protection to make a Statutory Will allows you to modify or create a will for someone who lacks mental capacity, providing certainty over the future of their estate and helping to avoid confusion and conflict between family members.

Our Statutory Wills solicitors have decades of experience helping clients apply to the Court of Protection on behalf of vulnerable people. We can provide clear, sensitive guidance to help you put in place a fair, legally-sound will for a vulnerable person.

 

Why choose Boyes Turner?

All decisions are always made in a client’s best interests, leaving the family free to concentrate on the care of their family member and not be burdened by paperwork. We also understand the emotional and practical implications of acting for a person who lacks mental capacity and the impact this can have on families. By appointing us as a professional Deputy, the family will have peace of mind in the knowledge that their family member is well-supported, and all financial paperwork is in order.

  • We are nationally acclaimed court of protection lawyers. Boyes Turner is recognised as a leading law firm by Chambers Directory and Legal 500.
  • We are experienced professional deputyship, personal injury trust and statutory will specialists.
  • We act for clients all over the UK.
  • We have established relationships with care agencies, therapists, fund managers and accountants.
  • We have an extensive and highly experienced court of protection team with proven skills and experience.
  • We provide the highest standards of advice and understand that each family has different needs, and we offer an individual and caring service.

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Statutory Wills frequently asked questions

Why do you need a statutory will?

If a person does not have ‘testamentary capacity’ to make a Will, then an application should be made to the Court of Protection. A person will not have capacity to make a Will if they cannot:

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When should a statutory will be made?

The right time to make a statutory will depends on the circumstances.

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Who can apply to the Court of Protection to make a statutory will?

The application to create a statutory will is usually made by someone acting as a Court of Property Deputy for the person for whom the will is being made.

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How do you apply to the Court of Protection to make a statutory will?

Applications for a statutory will involve considerable thought and paperwork, with clear guidelines set out by the Court of Protection that must be followed to ensure a successful application. All of the information required by these guidelines must be included in the application, otherwise it could be rejected or delayed, resulting in additional cost, time and stress for you.

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What do I need for a Statutory Will application?

As part of your application, you will need to submit the following to the Court of Protection:

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What happens after you submit an application for a statutory will?

The Court can accept the application “on the papers”, allowing you to move straight ahead with creating a statutory will, or alternatively there may be a hearing where the court believes there are issues to resolve before permission to create a statutory will can be granted. A hearing may be required if, for example, a relative of the vulnerable person opposes the application.

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What happens during a Court of Protection hearing for a statutory will?

If the Court of Protection decides a hearing is required before a decision can be made about creating a statutory will, the various parties involved will be invited to present evidence for their position and the Court will then decide whether to grant the application. Court of Protection hearings usually take place in private, but can take place in public if the Court feels this is appropriate.

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How much does a Statutory Will application cost?

The application itself costs £371 to submit. However, depending on the individual case for example, if court hearings are applicable, it can cost more.

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Statutory wills that we have successfully applied for

Janine – a young adult injured at birth

We secured a statutory will for a young adult, Janine, who suffered a brain injury at birth and is estranged from her father. Without a statutory will, Janine’s estate would potentially have been distributed equally between her parents.

Significant efforts were made to trace the father to inform him about the application, but he could not be located. The will approved by the Court left a sum of money to Janine’s school, which is a charity, and small sums of money to her grandmother and aunt, with the majority of the estate passing to Janine’s mother, who has looked after Janine throughout her life.

Eric – a young adult with brain injury

We have also secured a statutory will for a young adult, Eric, who suffered a serious illness in infancy, which was not properly treated, leaving him with brain damage. His parents’ relationship ended acrimoniously and Eric has not seen his father for over 10 years. The proposed statutory will excluded Eric’s father.

As part of the application to the Court, a request was made that the father not be informed about the application, due to the difficulties between his parents, The Official Solicitor’s position was that this was unfair, so the father was informed. However, as no objections to the will were received, the Court approved a statutory will, leaving the entire estate to Eric’s mother.

James – a 67-year old with learning difficulties

We put in place a statutory will for James, a 67-year old man who was born with learning difficulties. In 2006 James was involved in a car accident in which he suffered serious spinal injuries and he received an award of damages. The will appointed professional Executors to administer the estate because James’ siblings did not feel able to take on the role. James’ estate will now be divided between his closest family members who see him regularly.

Speak to our statutory wills solicitors today

Our advice is to always get professional help with a statutory will to ensure all the essential details are taken care of and to keep the application process as smooth and stress-free as possible. 

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  • Free & no obligation initial advice

Meet your specialist team

Our specialist Statutory Wills team are considered leaders in the field and have a significant amount of expertise.
Ruth Meyer photo

Ruth Meyer

Partner

Alexander Wright headshot

Alexander Wright

Partner

Anne Pearson headshots

Anne Pearson

Senior Paralegal

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Sue Clark

Senior Associate – Solicitor

Lindsay Da Re

Lindsay Da Rè

Associate - Solicitor

Alex Edwards

Alex Edwards

Associate - Solicitor

Jessica Jarvis Headshot

Jessica Jarvis

Associate - Solicitor

Dani Pini headshot

Dani Pini

Solicitor

Katarina Ahmed

Katarina Ahmed

Paralegal

Daisy Fox headshot

Daisy Fox-Clarkin

Paralegal

Lauren Hall headshot

Lauren Hall

Paralegal

Maria Hobbs

Maria Hobbs

Paralegal

Sue headshot

Sue O'Connell-Davidson

Paralegal

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Kerry Pearce

Paralegal

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Kate Phelan

Paralegal

Nadine Silas-Richards

Nadine Silas-Richards

Paralegal

Victoria Stewart

Victoria Stewart

Paralegal

Niki Tarrant headshot

Niki Tarrant

Senior Paralegal

Emma Wheeldon headshots

Emma Wheeldon

Senior Paralegal

James Pantling-Skeet headshot

James Pantling-Skeet

Senior Associate – Chartered Legal Executive

Ruth Meyer photo
Alexander Wright headshot
Anne Pearson headshots
Sue Clark photo
Lindsay Da Re
Alex Edwards
Jessica Jarvis Headshot
Dani Pini headshot
Katarina Ahmed
Daisy Fox headshot
Lauren Hall headshot
Maria Hobbs
Sue headshot
Placeholder image
Placeholder image
Nadine Silas-Richards
Victoria Stewart
Niki Tarrant headshot
Emma Wheeldon headshots
James Pantling-Skeet headshot

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What our clients say

"Very positive experience"

We have had a very positive experience with Boyes Turner - we had had many months of difficulties with our daughter's previous care provider, alongside our local authority making decisions about future care that were against her best interests. The advice and interventions from our solicitor at Boyes Turner, James Pantling-Skeet, were invaluable in arranging the transfer of care to a much better care provider that we had identified, rather than the choice of our local authority. Several months on, it is an immense relief that we finally have care provision that is meeting the needs of our daughter.

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We contacted Boyes Turner earlier this year after we ran into a dispute with our local authority. This was about a social care matter and learning disability.
The case was handled with professionalism and tact.

Andrew
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