Statutory Wills

What is a statutory Will?

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.

What’s the difference between a standard Will and a statutory Will?

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.

When would you need a statutory Will?

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:

• The person has never created a Will but now doesn’t have the capacity to make one.
• Their best interests may no longer be represented in an existing Will.
• Their personal circumstances may have changed and now need to be reflected in their Will, from property sales to inheritance.
• They already have a Will, but it is out of date. This can happen when life events occur, such as marriage and divorce.

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.

Who can apply?

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:

• A family member or close friend of the person. They must have the person’s best interests in mind.
• A deputy who has been assigned to manage the person’s affairs, such as their finances and health decisions.
• Someone acting under a Lasting Power of Attorney.

Your solicitor will be able to advise on whether you can apply for a statutory Will or not.

Our statutory Will services

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:

• Discussing your options and helping you decide on a solution. Once we’ve learnt about your case, we’ll be able to suggest the right course of action, whether this is proceeding to the application stage or not.
• Preparing and drafting applications. Our strong knowledge and experience mean we can help prepare your application, ensuring it is legally sound and includes all the relevant evidence.
• Liaising with other parties. We’ll communicate with the Court of Protection and other third parties for you.
• Providing advice and support. Throughout the process, we’ll be on hand to answer questions you have, eliminating legal jargon and confirming you understand each step of the process before moving forward.

Our process

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.

Why Choose Fisher Jones Greenwood

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.