Statutory Wills

What is involved?

A Statutory Will is a testamentary document, drafted on behalf of an individual who lacks the capacity to make a Will. In order to make their own Will a person must have sufficient understanding of what a Will is, the extent of what they own and the claims to which they ought to give effect in their Will.

If somebody cannot make their own Will, maybe because of dementia or an acquired brain injury, an application can be made to the Court of Protection for a Will to be approved on their behalf.

Why choose Freeths?

• Our team are appointed to the Office of the Public Guardian’s Panel of court-approved deputies
• You can ask our professional, empathetic lawyers to visit you at home if this is more appropriate
• We have a highly experienced Court of Protection team who are sensitive to your situation

Call our specialist Court of Protection team to discuss how we can help you.

Our team are experts in this type of application to the Court of Protection. It is often in circumstances where the family surrounding the person concerned is in dispute as to who should benefit under the Will.

You can trust us to be calm and democratic in tense situations, using our expertise to find the best solution for all. We understand that things can be difficult – we will negotiate for you, leaving you to get on with your life. We manage applications to the Court of Protection on the instructions of our professional deputies and also for lay deputies, attorneys and anyone with a relevant interest in an estate.

We also act for Respondent Parties (often family members) in putting forward their views in negotiations over the Statutory Will.