Statutory Wills and Trusts | Court of Protection | Irwin Mitchell

Statutory Wills And Trusts

If you are acting on behalf of someone else, as a Deputy or Attorney, one of the tasks you may find yourself facing is the writing of a Statutory Will. Alternatively, if you are likely to inherit an estate belonging to someone who is no longer able to make their own will, you may be able to apply to write one for them.

Making a Statutory Will can be complex but our expert lawyers can help you with at every step. We recognise that this may be a distressing time for you so we will work sensitively and professionally to make the process as stress-free as possible.

Who Can Make A Statutory Will?

To be able to make a Will, a person must:

  • Have a clear understanding of what they are doing and what their Will is saying
  • Be aware of what they are leaving in the Will
  • Be able to consider who they should be providing for

If a person does not understand these issues, they will not be able to make a Will or amend an existing Will.  It will be necessary to get medical evidence to show that a person does not have the capacity to make a Will, known as "testamentary capacity".

If someone dies without a Will or cannot amend their Will, their estate may not be distributed in line with the way the want or in a way that is fair. By making a Statutory Will, you can make sure that a person’s wishes, as far as they are known, can be carried out when they die and their estate is distributed fairly.

Statutory Wills can also be used for tax planning purposes.

What We Can Do For You

To make a Statutory Will you need to complete a number of application forms and make a statement supporting the terms of the Will. This application goes to the Court of Protection and a decision is made on whether the Will is appropriate. Interested parties, such as family members, will be given the opportunity to comment on the Will, which could lead to the terms being changed.

We can help to guide you through each step, from the completion of the forms all the way through to the Court’s decision. Our experience and expertise will take some of the stress out of the situation for you and make sure that the best interests of you and your loved one are protected.

Contact Us For Free Advice On How To Make A Statutory Will

As one of the most respected law firms in the UK, you can rely on us to provide you with guidance and support through all stages of the process of making a Statutory Will. Our team of legal experts is ready to help you with any queries you may have. For more information on Statutory Wills, contact us on 0370 1500 100 or get in touch with us online.