Statutory Wills

There are times when a person is losing or has lost capacity; the Court of Protection’s role is to ensure that such people are properly protected.

One function of the Court of Protection is to authorise the making of Statutory Wills. Statutory Wills enable Wills to be made by people who have lost capacity. Once a Statutory Will has been properly made, it cannot be challenged after a person has died.

Various parties will be involved in this process and the Court of Protection’s role is to investigate the terms of the proposed Statutory Will and, if they think the terms are appropriate taking into account a number of factors, they will authorise it.

Making a Statutory Will is often used when a person hasn’t made a Will or their last Will does not reflect their wishes, but they are no longer in a position to make a Will because they do not have mental capacity.

Our lawyers can advise on the process of making a Statutory Will, making representations to the Court of Protection and what factors the Court of Protection will consider in deciding the terms of a Statutory Will.