A Statutory Will is a Will approved by the Court of Protection on behalf of someone who lacks the mental capacity to make their own Will. If you’re acting on behalf of someone else, as a deputy or attorney, one task you may find yourself facing is applying for a Statutory Will.

Alternatively, if you’re likely to inherit an estate belonging to someone who’s no longer able to make their own Will, we can advise you on next steps.

Statutory Wills can be complex, but our expert Court of Protection solicitors can help you through the whole process. We recognise this may be a distressing time for you, so we will work sensitively and professionally to make the process as stress-free as possible.

Contact us today to tell us how we can help you in a free initial consultation.

If you’re looking to make a regular Will, you can speak to our specialist Wills solicitors.

Why choose us to help you with your Statutory Will?

Our specialist Court of Protection solicitors offer a comprehensive service that sees you’re supported from beginning to end. We’ve decades of experience in helping clients make Statutory Wills and giving them the best chance of being approved by the Court.

Chambers and Partners, a leading independent legal guide, has consistently ranked our Court of Protection solicitors as a top-tier firm for 10 years. They state: "The firm have a really good Court of Protection team, one of the very best. They certainly have great expertise in the COP arena."

The Legal 500 also praises our Court of Protection team, ranking us in their highest tier for legal experts. A featured client testimonial call us: “Amazing individuals who make you feel respected and considered. We have built up a real relationship with those that we deal with. They show compassion and care and are also extremely capable and knowledgeable about their jobs.”

Our offices can be found all over the UK, giving you the chance to visit us at a location that’s local to you. We’ll work in whatever way is most convenient for you. So, if communicating by phone, video call, or email is easier than in-person, we can work in this way too.

Detailed knowledge of the Statutory Wills process
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Lucy Nicol
Lucy Nicol National Head of Court of Protection Meet the team

More information on Statutory Wills

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My legal team has held my hand throughout, they have been incredibly patient and understanding"

Joy Williams, client

Frequently Asked Questions

How is a Statutory Will different from a normal Will?

The main difference with a Statutory Will to other types of Wills is that they need to be authorised by the Court of Protection.

Unlike regular Wills, a Statutory Will also needs to be signed by the deputy or attorney of the person who doesn’t have capacity.

What is testamentary capacity?

Someone making a will is known as a testator. Testamentary capacity means someone is legally able to make a valid Will.

If someone without testamentary capacity makes a Will, it won’t be valid.

You may be able to contest a Will if someone didn’t have testamentary capacity to make it. Reasons to contest a will due to lack of testamentary capacity include:

  • The Will contradicts agreements or promises made previously
  • You’re aware the person had a medical condition that affected their mental capacity
  • The Will doesn’t provide for you or others who could expect to benefit
  • You believe the Will doesn’t reflect the person’s wishes.

What is testamentary capacity?

Statutory Wills, like any kind of Will, can be challenged. There are various reasons why you may feel the need to challenge a Statutory Will, including:

  • You believe the person has the capacity to make their own Will
  • The Statutory Will isn’t a reflection the person’s wishes
  • The financial deputy isn’t acting in the person’s best interests.

Our expert Wills solicitors can help you to challenge a Statutory Will. Find out more here.

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