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Statutory Wills are Wills written by the Court of Protection

Statutory Wills are wills written by the Court of Protection for someone who cannot write a Will themselves due to lack of mental capacity. This might be because they have become ill before making a Will or because they have never had mental capacity.

Statutory Wills are complex and require lots of information to be placed before the Court to ensure that it is the right thing to do for the person who cannot write the Will. Information that the Court may require can include:

  • A family tree
  • Details of the current situation of the person who doesn’t have capacity
  • Why a Will is needed
  • Why the intestacy provisions (the rules to say who inherits when someone doesn’t have a Will) are not sufficient

Circumstances when a Statutory Will may be considered could include no contact between an incapacitated person and an absent parent, a separation (but not divorce) between an incapacitated person and their partner or in cases of abuse.

If you think that you may need to apply for a statutory Will, call the Court of Protection team on 0116 212 1000

Phoebe Skarlatos

How Can Lawson West Help You?

When you are making decisions for family members and loved ones who have lost or started on their journey of failing mental capacity, you need experienced solicitors who are knowledgeable about the issues and challenges ahead.

Our skilled and highly qualified solicitors are experts in supporting the vulnerable and their relatives with legal advice and Court of Protection procedures, ensuring an individual’s financial affairs and health and wellbeing needs are secure and appropriate for the long term.

Whether it is a Lasting Power of Attorney issue, Deputyship, or other advice, our highly-qualified team of professionals are dependable and supportive. We look forward to helping you.

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