🧾 Statutory Wills: Your Essential Guide

When someone loses the mental capacity to make a will, a statutory will can ensure their wishes are honoured. This guide answers key questions about statutory wills in the UK.(gov.uk)

What Is a Statutory Will?

A statutory will is a legal document created on behalf of someone who cannot make a will themselves due to lack of mental capacity. The Court of Protection must authorise its creation. This process ensures that the individual’s estate is distributed according to what would likely have been their wishes.

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What Is Testamentary Capacity?

Testamentary capacity refers to an individual’s mental ability to make a valid will. To have testamentary capacity, a person must:

• Understand the nature and effect of making a will.
• Know the extent of their estate.
• Comprehend the claims of those who might expect to benefit from the will.
• Be free from a mental disorder that influences their decisions.(wrighthassall.co.uk)

If someone lacks testamentary capacity, they cannot make a valid will, necessitating the creation of a statutory will.

Who Can Apply for a Statutory Will?

Typically, a family member, carer, or legal representative applies to the Court of Protection to create a statutory will on behalf of the individual. The applicant must demonstrate that the person lacks testamentary capacity and that a statutory will is in their best interests. (jmw.co.uk)

When Is a Statutory Will Necessary?

A statutory will may be needed when:

• The individual has never made a will.
• There has been a significant change in the individual’s estate, such as an increase in value or receipt of compensation.
• A beneficiary has passed away or declined their inheritance.
• The existing will is outdated or no longer reflects the individual’s wishes.(nationalwillregister.co.uk, thegazette.co.uk, thelawsuperstore.co.uk)

The Court of Protection will consider these factors to determine if a statutory will is appropriate. (thegazette.co.uk)

How Is a Statutory Will Different from a Regular Will?

A statutory will is legally binding and serves the same purpose as a regular will. The key difference is that it requires approval from the Court of Protection and is executed by a deputy or attorney on behalf of the individual. (jmw.co.uk)

How Do You Apply for a Statutory Will?

The application process involves:

1. Submitting an Application: Complete the necessary forms and provide supporting documents, including medical evidence of the individual’s lack of capacity.
2. Notifying Interested Parties: Inform individuals who may be affected by the statutory will.
3. Court Hearing: Attend a hearing if the Court of Protection deems it necessary.
4. Execution of the Will: Once approved, the statutory will is signed and witnessed, then sent to the Court of Protection for sealing. (gov.uk)

How Long Does the Process Take?

If uncontested, the process typically takes between four to six months. In urgent cases, such as when the individual has a short life expectancy, expedited applications can be made.

What Are the Costs Involved?

The application fee for a statutory will is £365. Additional costs may include solicitor’s fees, medical assessments, and court hearing fees. The total cost can vary depending on the complexity of the case.

Need Assistance?

If you have further questions or require help with the Court of Protection application, our team of experts is here to assist you. Contact us today for comprehensive support and guidance.