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Eric* has an acquired brain injury as a result of medical negligence at the age of 3. Eric was awarded a lump sum in excess of £1 million and an annual periodic payment for the rest of his life.

Eric has been living in a residential placement since the age of 13. Prior to this, he was living with his mother who had been his main carer. Eric’s mother has continued to have regular contact with her son since his move.

Eric has not seen his birth father in over 10 years and he had parental responsibility removed by Court Order some years previously. The whereabouts of Eric’s birth father were unknown and even before parental responsibility was removed, he had not provided Eric with any care of support, emotionally or financially.

Under the intestacy rules, Eric’s mother and father would inherit his estate in equal shares.

Our view was that if Eric was able to make a Will he would make it in favour of his mother only and would exclude his birth father.

An application for a Statutory Will benefitting Eric’s mother only was made to the Court of Protection and approved in Eric’s best interests. The Court also agreed that notice to Eric’s birth father could be dispensed with.

*All names have been changed for client privacy.

If you or a loved one has suffered a brain injury as a result of medical negligence then contact our specialist medical negligence team by email at Or if someone you care for needs a Statutory Will, contact our Court of Protection team by email at