When someone doesn’t have the mental capacity to make their own Will, the Court of Protection can make a statutory Will on their behalf. The court may also appoint a deputy to look after their affairs.

This ensures the person’s financial affairs are looked after when they are at their most vulnerable, and when they die their estate is dealt with in a way they would have wanted.

As with any Will, however, disputes can happen. You might want to challenge a proposed statutory Will if you’re worried that:

It doesn’t reflect what the deceased would have wanted
The financial deputy is not acting in the person’s best interests
The person has capacity to make their own Will.

The financial deputy may be a family member, or someone else close to the protected person. They must always act in the best interests of that person. It’s important they don’t use the position as deputy for their own gain. If you’re concerned about a deputy’s behaviour, or about any part of the Will itself, we can help.

Our expert solicitors could help you:

Replace the deputy with a professional deputy (such as a solicitor)
Challenge the terms of the Will
Make a claim for financial provision if you haven’t been named in the Will (following the death of the person).

We have the largest Wills, Trusts and Estate Disputes team in the country and we’re experienced in dealing with disputes over statutory Wills and financial abuse. We work closely with our Court of Protection team to support you at every stage.

Call us today on 0345 604 4895 – or fill out our online contact form and we’ll call you back.

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Statutory Will Disputes

- How Do I Contest A Statutory Will?
- Making a claim will differ slightly depending on the circumstances of your dispute, but it’s usually made up of the same steps:
  
  1. Investigation
  We’ll examine the Will and any related documents (this might be property deeds, trust accounts, previous Wills made by the deceased).
  
  If relevant, we may also gather medical evidence about the deceased, to understand their condition when they made the Will. This would be particularly important in disputes over whether or not someone had mental capacity to make a Will.
  
  We might also get witness statements from those who knew the deceased, to better understand the full circumstances in which the Will was drawn up.
  
  These investigations will help us confirm whether you can make a claim, and what type of claim it will be.
  
  2. Mediation
  Most disputes can be settled by an alternative dispute resolution method, such as mediation. This means that you don’t have to go to court, which can be costly and time-consuming.
  
  Mediation typically takes place on one day, with a professionally trained mediator present as a neutral third party. The mediator’s role is to try to help you reach an agreement with the executor and the other beneficiaries.
  
  3. Court
  Some disputes cannot be resolved by mediation. If this is the case, the matter will have to be settled in court. This is rare, however – and if it does happen, we have the expertise to secure the best outcome for you.
  
  Whatever the circumstances of your dispute, we’ll support you every step of the way – and we’ll give you a clear idea at the start of how long we think it will take, and the outcome we think you can expect.
- How Long Will It Take?
- Most claims take less than a year and don’t have to go to court. However, every case is different and time spans depend on the type of dispute and your individual situation.
  
  Some disputes can be resolved quickly and amicably in a matter of months, but others might take years to conclude and involve going to court several times.
  
  We’ll advise you at the start how long we think it will take. Whatever the situation, we always aim to resolve your dispute as quickly and efficiently as possible. We understand that this is a difficult time, and we’re here to help you through.
- Will I Have To Go To Court?
- Most disputes can be resolved by negotiation and discussion, without having to go to court. However, sometimes this isn’t possible and court is the only way.
  
  We understand that most people would prefer to keep their dispute out of court, and we will always do everything we can to try and reach an agreement by mediation. However, if your dispute does have to go to court, we will support you at every stage. We have the experience to handle court disputes efficiently and effectively, to achieve the best outcome for you.
- Do I Have To Come To The Irwin Mitchell Offices?
- We understand that the death of a loved one can be a distressing and difficult time, and we’ll do everything we can to make sure your claim is as stress-free as possible.
  
  We’re happy to meet with you at one of our offices – or if you prefer, we can deal with everything by phone or email. We can also come and meet you at a place that’s convenient for you.
  
  We have clients across the country and will always strive to make everything as convenient for you as possible.
- Meet The Team
- Our Wills, Trusts and Estate Disputes team is the largest in the UK and we have offices across the country. We are experienced in managing high-net-worth and ultra-high-net-worth claims as well as less complex ones.
  
  We’ve resolved some of the country’s most high profile disputes and are particularly experienced with the unique challenges of multi-jurisdictional wealth management structures, rural property and inheritance tax.
  
  We are recommended by the leading legal guides and pride ourselves on the strong relationship we build with our clients in what is often a very trying time.
  
  Meet the team