At First Law Solicitors, we help families and professional deputies apply for Statutory Wills through the Court of Protection. A Statutory Will is made on behalf of someone who lacks the mental capacity to make or change their own Will, ensuring that their estate is distributed fairly and in accordance with their best interests. Our solicitors guide clients through every stage of the process, from assessing mental capacity to preparing the Court application and ensuring compliance with the Mental Capacity Act 2005.
A Statutory Will is a Will authorised by the Court of Protection for a person who cannot make a Will themselves because they lack mental capacity. It may replace or update an existing Will, or create a Will for someone who has never made one.
Under the Mental Capacity Act 2005, any decision made on behalf of a person who lacks capacity must be taken in their best interests. The Court of Protection must be satisfied that the proposed Will reflects what the person would have wanted if they were able to make the decision themselves, taking into account their values, past wishes, beliefs and relationships.
Common situations where a Statutory Will may be required include significant changes in the person’s financial or family circumstances, the receipt of a new inheritance or asset that alters the value of the estate, an existing Will that is outdated or no longer fair to dependants, or cases where there is no valid Will in place and the intestacy rules would not reflect the person’s likely wishes.
Our solicitors provide expert and sensitive advice throughout the Statutory Will process. We assess the person’s mental capacity and obtain appropriate medical evidence, prepare and submit the Court of Protection application with all supporting documentation, and liaise with the Office of the Public Guardian, attorneys or deputies where required.
We also represent clients in Court of Protection proceedings and ensure that the proposed Will meets the statutory best interests test. Each Will is drafted carefully to reflect the person’s values, family relationships and financial circumstances, while reducing the risk of future disputes. We also advise family members and professional deputies on managing expectations and resolving potential disagreements between beneficiaries.
Applications for Statutory Wills involve sensitive personal, medical and financial information. All documents and communications are handled with strict confidentiality and in accordance with data protection law and professional obligations. Our solicitors ensure that records are accurate, securely managed and shared only where lawful and necessary throughout the Court of Protection process.
A Statutory Will may be appropriate where a person has lost capacity and their existing Will no longer reflects their circumstances, where there is a dispute about the fairness or validity of an earlier Will, where the intestacy rules would produce an unreasonable or unintended outcome, or where the estate has increased in value and requires updated succession or tax planning.
Our solicitors can advise on whether a Statutory Will application is likely to be approved by the Court of Protection and guide you through the evidence and preparation required.
At First Law Solicitors, we understand the emotional and practical challenges that arise when a loved one can no longer make their own decisions. We provide clear, empathetic advice to help families, attorneys and deputies make lawful and compassionate choices that reflect the person’s best interests.
Every Statutory Will we prepare is drafted with care and precision, meeting both legal and ethical standards and helping to protect the estate from future uncertainty or dispute.
If you need legal advice about making or updating a Statutory Will, contact First Law Solicitors today. We provide practical and sensitive support to families and deputies across the United Kingdom.
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