Statutory Wills | Will Trust & Estate Disputes | Irwin Mitchell

Statutory Wills

If you have a loved one who is unable to write their own Will, perhaps due to a medical condition or as a result of an accident, you might be worried about what will happen to their home, money and other belongings when they die.

If a person is unable to make a Will themselves, the Court of Protection can order that a statutory Will is made for them. Instead, the Court investigates and determines what is in that person’s best interests.

To do this, the court will look at:  

  • The person’s past and present wishes
  • The person's feelings, beliefs and values
  • Other factors that the person would be expected to consider if they were able

Sometimes, relatives or loved ones of the patient do not agree with each other or the courts about what terms should be put into the statutory Will. Getting expert legal advice could help you identify potential problems early or challenge a statutory Will if you feel it is not fair.

How Irwin Mitchell Can Help With Statutory Wills

We can give you advice and support if you are:

  • Applying to ask the courts to make a statutory Will for someone who cannot make their own will, or
  • A potential beneficiary of someone who does not have the mental capacity to make their own Will

We have a team of specialist, dedicated solicitors who are experienced in helping clients to understand statutory Wills and make legal challenges to them where necessary. We know that this can be a traumatic time for you so we will handle your case with sensitivity and understanding and give you clear advice in plain English.

Featured Client Stories

Our client, the son of an ex-rugby player, faced being left nothing in his father's will after other family members challenged his paternity. We managed to secure our client 43% of his father's £3m estate after requesting a Statutory Will to be made on behalf of his father, who suffers with dementia and Alzheimer’s disease.

Read more about how we helped our client

Call Us Today For Help With Statutory Wills

If you feel that you have not been provided for in a statutory Will or that such as Will does not accurately reflect your loved one’s wishes, please contact us. We will discuss your circumstances with you and offer you some initial advice on the best way forward.

As a national law firm with offices across the country, we can help you wherever you are.

In most cases of this kind we can offer a no win, no fee agreement, so you won’t pay anything if your claim is unsuccessful*. Other options for funding your case include: 

  • Discounted Fee Agreements
  • Legal Expenses insurance

To talk to one of our statutory Wills experts, please call us or send us an online enquiry and we will get back to you.

* Subject to entering into a ‘No Win No Fee’ agreement in conjunction with our Allianz Support4Disputes insurance policy and complying with your responsibilities under its terms.