If a family member or loved one no longer has the capacity to make decisions for themselves, the responsibility may fall on the Court of Protection. This can include updating their Will or creating a Will altogether. This is what’s known as a statutory Will.
At Fisher Jones Greenwood, our solicitors will be able to advise as to whether a statutory Will is the right decision and can navigate the application process with you, making sure you understand the legal complexities in plain English.
If you’d like to talk to us about a statutory Will, call us on 0845 543 5700 or fill in our online enquiry form and a member of the team will be in touch.
A statutory Will is made when someone no longer has the capacity to make their own decisions to do with their Will. This can be down to age or illness, like degenerative issues such as dementia.
A statutory Will doesn’t require the person to sign or approve the Will as the person doesn’t have the capacity to do so. A Court of Protection will review the circumstances and then take the person’s best interests into consideration before making the decision as to whether a statutory Will is the right path.
You may consider helping a loved one set up a statutory Will for a few reasons, with the main reason being that they can no longer manage their Will themselves. Other reasons include:
When you speak to us, we’ll advise on whether a statutory Will is the appropriate decision in your situation. If not, we’ll be able to discuss other options that may be applicable to you.
You must meet certain requirements before applying for a statutory Will. Not everyone can apply, so it’s essential to know if you’re eligible. Typically, an application can be made by:
Your solicitor will be able to advise on whether you can apply for a statutory Will or not.
Our team offer a range of statutory Will services. We understand that this can be a difficult time for you and other loved ones, so we’ll always try to make the process as smooth as possible, so you can focus on your loved one’s best interests. We can advise and support with:
Step 1: First consultations – once you’ve instructed us, we’ll sit down with you to learn all about your case. We’ll discuss your reasoning for wanting to set up a statutory Will and whether it’s the right decision.
Step 2: Evidence collection – to set up a submission, we’ll need to collect evidence to support your application.
Step 3: Helping to prepare your application – after we’ve prepared your application, we’ll send it off on your behalf.
Step 4: Communicating with the Court – we’ll liaise with the Court of Protection for you, as well as other parties that may be involved.
Step 5: Receiving a decision – the Court will look at your application and the individual’s best interests. They will always base their decision on their interests, which is why the relevant evidence is essential.
Step 6: Continuing support – no matter the decision, we’ll support you. We’ll advise on next steps no matter the conclusion from the Court.
With over 40 years of experience, we’re skilled in aiding with a variety of cases, including statutory Will cases. Our solicitors are both experienced and compassionate, and your needs are at the forefront of what we do. We’ll explain everything in plain English and eliminate legal jargon where possible, so you’ll always know what’s going on at each stage of the process.
We’ll work to guide you and your loved ones through what can be a difficult time, offering plenty of advice and support. Your questions will be answered, and we’ll always do what we can to make sure you’re comfortable with each stage of the process.
National scale, proven expertise
Fisher Jones Greenwood is part of Lawfront, a national group of regional law firms. Together, our private client teams total almost 180 specialists and hold seven Legal 500 rankings nationally, including three Tier 1.
If you’re ready to begin the statutory Will journey, or you’d like more information on how we can help, call us on 0845 543 5700, or fill in our online enquiry form.
Request A CallbackThe Court of Protection has denied my application – what can I do now?
Generally, if an application is denied, the Court most likely felt that the proposed Will wasn’t created with the individual’s best interests in mind, or there was a lack of evidence or information. Your solicitor can talk you through next steps, whether this is looking into another option or providing the missing details to the Court.
What evidence do I need to include in my application?
Evidence will depend case by case, but you’ll need to provide evidence that the person no longer has the capacity to make their own decisions based on their Will. Other evidence can include the likes of finances, previous Wills set up and family members.
Does the person the statutory Will is for have any say?
Yes, the person will be able to have a say if possible. The Court will always consider the individual’s best interests, reflecting on what may have been said or believed in the past.
How long does the application process take?
As with many legal cases, time scales can vary depending on the circumstances. Straightforward applications can take less time than those that are more complex, but your solicitor will be able to provide more accurate details regarding timeframes.
Can I change a statutory Will later or cancel it?
Life can bring lots of changes, so if circumstances end up changing, a statutory Will can be amended or replaced if you apply to the Court of Protection. This can also be done if the individual regains their capacity to make decisions relating to their Will in the future.
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