There may be a time when a loved one is unable to make a Will for themselves, as a result of an accident or ill health for example. It is possible to apply to the Court of Protection for the Court to execute a Statutory Will on their behalf.
Our specialist team of solicitors can offer advice and support on making an application to the Court of Protection to execute a Statutory Will.
An application must be made to the Court of Protection setting out the grounds why a Statutory Will should be made to change the Testators current arrangements.
The Court is most likely to execute a Statutory Will if the person has never executed a Will or if the person’s circumstances have drastically changed since they executed their Will.
The Application must include the following details:
The above information enables the Court to build a picture as to who would be likely to inherit. The Court will always make a decision based on the person’s best interests.
If there are beneficiaries named in a current Will who will be adversely affected by the Statutory Will they must be named as a Respondent in the proceedings.
The application fee to the Court is £400.
There will also be a fee for the report of Testamentary Capacity and the solicitor’s fees.
If you would like further information on making an application to the Court of Protection to execute a Statutory Will, our Court of Protection specialists are more than happy to help and can advise you on your application.