If you are acting as a Deputy or Attorney for someone who is no longer able to manage their own affairs, it may be possible for you to apply to make a Statutory Will for that person. Similarly, you may also be able to apply to make a Statutory Will if you are likely to become entitled to the estate of a person who lacks the capacity to make their own will.
Making a Statutory Will can be complex. Our expert lawyers can help you with every step of the process, from applying to for permission to make the Will through to making the Will and dealing with the Court of Protection.
Why Make A Statutory Will?
To be able to make a Will, a person must:
- Understand what they are doing and what their Will is saying
- Understand in general terms what the estate is that they are leaving
- Be able to consider who they ought to be providing for
If a person does not have this understanding, they will not be able to make a Will or amend an existing one. Medical evidence may be needed to prove whether a person has the capacity to make a Will, known as “testamentary capacity”.
If someone dies without a Will or cannot amend a Will, their estate may not be distributed in line with their wishes. A Statutory Will ensures that a person’s wishes, as far as they are known, can be carried out when they die.
Statutory Wills can also be used for tax planning purposes.
Making A Statutory Will
To make a Statutory Will you need to complete detailed application papers and a statement supporting the terms of the Will. The application goes to the Court of Protection and a decision is made on whether the Will is appropriate. Interested parties will be given the opportunity to comment on the Will which could lead to the terms being changed.
The process of making a Statutory Will is complex and you could benefit from our experience and expertise. We can help with the application process, the Statutory Will itself and dealings with the Court of Protection.
For more information on Statutory Wills, read our frequently asked questions.
Contact Us For Expert Advice On Statutory Wills And Trusts
For an initial discussion, with no obligation, call 0870 1500 100 or contact us online