There may be a time when a loved one is unable to make a Will for themselves, as a result of accident or ill health for example. In this instance it is possible to apply to the Court of Protection for the Court to execute a Statutory Will on their behalf.
The person must lack capacity to specifically make a Will so the test is of testamentary capacity and not general capacity. Our specialist Wills, Trust and Wealth Management team would be able to explain in detail what capacity means and whether it is an issue.
How Do You Make a Statutory Will?
An application must be made to the Court of Protection setting out the grounds why a Statutory Will should be made to change the Testators current arrangements. The Court is most likely to execute a Statutory Will if the person has never executed a Will or if the person’s circumstances have drastically changed since they executed their Will.
The Application must include the following details:
- The person’s finances including income and expenditure
- Who forms part of the family in the form of a family tree
- Details as to why the person might be expected to provide for the proposed beneficiaries
- Medical evidence as to testamentary capacity
The above information enables the Court to build a picture as to who would be likely to inherit. The Court will always make a decision based on the person’s best interests.
If there are beneficiaries named in a current Will who will be adversely affected by the Statutory Will they must be named as a Respondent in the proceedings.
What Does It Cost?
The application fee to the Court is £400. There will also be a fee for the report of Testamentary Capacity and the solicitor's fees.
Want More Help?
If you would like further information on making an application to the Court of Protection to execute a Statutory Will, our Court of Protection specialists are more than happy to help and can advise you on your application.