Statutory Wills

A Statutory Will is a Will executed by the Court of Protection on behalf of someone who lacks the capacity to make their own Will – this might be someone with dementia or a person who has suffered a serious brain injury.

An application for a Statutory Will needs to made to the Court of Protection and is usually done by an Attorney or Deputy.

A number of circumstances may arise where a Statutory Will is required, such circumstances might include:

  • Change in family circumstances
  • A Will has never been executed
  • The value of the estate has increased or decreased
  • Tax planning purposes
  • Beneficiaries of the Will have passed away

This is not an exhaustive list as to when a Statutory Will is likely to be required but the Court of Protection will need to be satisfied that there are suitable grounds for a Statutory Will to be considered. All applications must be made in a person’s best interests and will not consider applications motivated by personal gain.

Given the requirements set out by the Court, the application may prove arduous, especially in terms of the evidence that needs to be submitted whilst following other formalities in place. BBS can assist you with making a Statutory Will application.

In some circumstances it is also possible for an application for a person who lacks capacity to make lifetime gifts.