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Statutory Will

Helping you navigate the Court of Protection and funding care with clarity, compassion and expert legal support.

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Home/ Court Of Protection Mental Capacity Care Statutory Will

Introduction

A Statutory Will is a Will that is made or approved by the Court of Protection on behalf of someone who lacks mental capacity to make a Will themselves.

 

Statutory Wills can be complex, but our experienced Court of Protection team can help you through the whole process. Our knowledge means we can provide you with the best chance of the Court approving the Statutory Will.

A Statutory Will may be needed for various reasons, some of which may include: 

  • If a person has lost mental capacity and never had a valid Will or their current Will no longer reflects their wishes;
  • The person may have experienced a major change in their circumstances, such as a birth or death of a significant person. A Statutory Will may therefore be needed to reflect those changes;
  • Sometimes the Court will sanction Statutory Wills for tax planning purposes;
  • The Intestacy Rules (rules which set out how a person’s assets should be divided on death) may not cover family members or friends of the incapacitated person. For example, Felicity does not have capacity to make a Will and has never had one. She has no blood relatives but has two stepchildren that she always treated as her own. On her death, her assets would potentially pass to the Crown. In those circumstances it may be appropriate to apply for a Statutory Will for Felicity so that her stepchildren can benefit from her estate.


How can we help?


We have a specialist team with a wealth of experience in Court of Protection matters. We can also draw on specialisms from across the firm including our Trust, Probate and Contentious Teams.  Our firm’s values of striving for excellence, being supportive and approachable, mean we provide exceptional client care and can guide you through the process.

Charlotte Cole - Colour - Low Res - 15th Aug 2023 - 005 copy
For legal advice on statutory wills

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