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Whilst most of us can create or change a will as and when we please, this is not so easy for somebody who does not have capacity to do this for themselves. However, this does not mean that the financial and social circumstances of that person do not change. So, how can a will be changed for somebody who lacks capacity, for example somebody who has a deputy or an attorney? This is where a statutory will is required.

What is a statutory will?

A will that is executed by the Court of Protection that has the same effect and validity as if it were executed by the person themselves if they had capacity to do this. A statutory will can be used whether or not there is an existing will in place.

How can this be done?

A Deputy or Attorney cannot be granted the power to execute the will themselves and therefore an application needs to be made to the Court of Protection. An application can only be made on behalf of somebody who is over the age of 18. These applications are not straight forward and require a large amount of evidence to be supplied with the application in light of the effect that such a document will make to the estate.

When is the Court likely to allow such an application?

The Court of Protection is most likely to execute a statutory will if:

  • There is no existing will;
  • There has been a significant change in circumstances, when the person may be expected to review their arrangements.

Should you require any help with statutory wills or Deputyships/Powers of Attorney in general, our Court of Protection team will be happy to help.

Contact Us

For more information call our Court of Protection team to discuss your options on 01484 821 500, email or text LAW to 67777 to book a free information session at any of our offices.