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.
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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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