Statutory Wills

Anyone can make a normal Will if they have the mental capacity. A Statutory Will is a Will that the Court of Protection can approve for someone who doesn’t have the capacity to make their own Will. If someone already has a Will but it’s out of date or there’s a change in circumstances, a Statutory Will may also be needed.

Statutory Wills need to be authorised by the Court of Protection, and signed by the deputy or attorney of the person who doesn’t have capacity.

To make a Statutory Will, a deputy or attorney must apply to the Court of Protection on behalf of the person who lacks the mental capacity to make their own Will.

Someone making a Will is known as a testator. ‘Testamentary capacity’ means they’re legally able to make that Will. If they don’t have testamentary (or mental) capacity, the Will won’t be valid. You might be able to contest a Statutory Will if:

• You believe the Will doesn’t reflect the person’s wishes
• The Will contradicts agreements or promises made previously
• The Will doesn’t provide for you or others who could expect to benefit
• You are aware the person had a medical condition that affected their mental capacity.

Speak to our Will disputes team if you have any questions on contesting a Statutory Will.

A statutory Will is necessary if a person doesn’t have:

• A clear understanding of what they’re doing or what their Will is saying
• Awareness of what they’re leaving in the Will, or how much property or money they have
• The ability to consider who they should be providing for, or who might make a claim against their estate.