BridgeMcFarlandSolicitors

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Bridge McFarland can offer you practical, uncomplicated advice, support & guidance when you need it most. Whether it be an employment dispute, family advice, an accident or negligence, life planning or moving house, let us help you.
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Our commercial team in Lincoln, Hull, Market Rasen and Grimsby prides itself on its sound business sense, commercial insight, local knowledge and first class understanding of the relevant legal disciplines ranging from employment law, business contracts, dispute resolution to agriculture and property development. From company formation to sale, succession, dissolution or dispute resolution, you can trust our team to deliver first class service and results.
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Chris Green
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Statutory Wills

When a person is unable through disability to make decisions there is often a deputy appointed by the Court of Protection, or an attorney who was appointed under a power of attorney. If that person (“P”) has no Will it may be necessary to make a Statutory Will, through the court.

Home » Personal Law » Wills, Trusts & Probate » Statutory Wills
“I would like to take this opportunity to express my gratitude for your guidance throughout the process. Whilst being professional you were still able to convey an attitude of understanding. I appreciated your thorough explanation of the procedure and the possible implications together with the fact that you acknowledged my ability to understand. ”
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A will made on your behalf by an appointed deputy if you have lost capacity. This is done by court order.

Who can apply?

Usually it will be "P"’s deputy or attorney; but It can be another interested person in some cases.

When is it necessary?

When "P" is over 18, and the intestacy law does not make appropriate provision for those who come after; or if "P" already has a Will, but it is unsuitable. The procedure can also be used to apply for court approval for substantial gifts from "P"’s assets.

Requirements for making statutory wills

  • A draft of the proposed Will
  • A doctor’s certificate that "P" cannot make a Will independently
  • Detailed evidence of family relationships (basically a family tree)
  • Details of "P"’s capital, income and outgoings
  • There will generally be a court  hearing, to decide what is in "P"’s best interests

Is it expensive?

Yes, there is no escaping that. Costs will usually be at least £3,000, and may be considerably more if there is a full court hearing and objections. It is only in unusual cases that the expense is justified; this is the first thing to check.

What do I do if I want to know more?

Contact one of our offices local to you or email your enquiry and we will be pleased to help.

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Patrick Purves
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Christina Starling
Senior Solicitor

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Helen Wilkinson
Associate Solicitor

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Legal Assistant

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Legal Assistant

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