Client area and payments Make an enquiry
Statutory Wills

There may be a time when a loved one is unable to make a Will for themselves, as a result of an accident or ill health for example. It is possible to apply to the Court of Protection for the Court to execute a Statutory Will on their behalf.

Our specialist team of solicitors can offer advice and support on making an application to the Court of Protection to execute a Statutory Will.

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.

How can we 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. For further information please read our Guide to Statutory Wills

Make an Enquiry
  • Contact permission

    We would like to stay in touch with offers, news and event invitations. We will always treat your personal details with respect and we will never sell them to other companies for marketing purposes. You can find details of our full privacy policy here.

    You can stop receiving updates at any time by clicking 'unsubscribe' at the bottom of our emails or by emailing

    Please let us know if you would like to hear from us:

  • This field is for validation purposes and should be left unchanged.
Key contacts
Photo of Greg Baker

Greg Baker

Partner Head of Wills, Trusts and Probate Department

Photo of Rachael Griffiths

Rachael Griffiths

Chartered Legal Executive | Wills, Trusts and Probate

Photo of Martin  Banwell

Martin Banwell

Associate Solicitor | Wills, Trusts and Probate

Photo of Emma Carter

Emma Carter

Solicitor | Wills, Trusts and Probate

Photo of Tom Moore

Tom Moore

Tax, Trust & Estate Planning Specialist

Photo of Haleema Sadia

Haleema Sadia

Legal Assistant | Wills, Trusts and Probate

Photo of Abigail Mehta

Abigail Mehta

Solicitor | Wills, Trusts and Probate

Do you want find out more?

Make an enquiry online Contact the Peterborough office Contact the Stamford office Contact the Oakham office