What is a Statutory Will?

A Statutory Will is a Will authorised by the Court of Protection for someone who no longer has the mental capacity to make one themselves. This most commonly arises where an individual has advanced dementia, a serious brain injury, or another condition affecting their ability to make decisions.

A Statutory Will ensures that the person’s estate is dealt with fairly and in their best interests, even though they are unable to give instructions directly.

When deciding whether to approve a Statutory Will, the Court of Protection will consider:

• the person’s past wishes, beliefs and values
• their current personal and financial circumstances
• the views of close family members, carers and professionals involved in their care

When might a Statutory Will be needed?

Advice on a Statutory Will may be appropriate where:

• the person never made a Will before losing mental capacity
• an existing Will is out of date or no longer appropriate
• there have been significant changes in assets or family circumstances
• there is a risk of disagreement or disputes after their death

How Roythornes’ Court of Protection team can help

Applying for a Statutory Will is a specialist legal process. It involves detailed medical and financial evidence and careful compliance with Court of Protection requirements.

Our experienced Court of Protection solicitors at Roythornes provide clear, practical guidance throughout.

Client testimonial

“Roythornes guided us through a very difficult time with professionalism and compassion. Their Court of Protection team made the process clear and stress-free, and we felt supported every step of the way.” — Mrs H, Lincolnshire