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Statutory Wills

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.

Statutory wills expertise

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 our statutory wills experts?

  • 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

Notable work

  • Advising lay deputies on their duties and assisting them with the drafting of applications to the Court of Protection. These can include Statutory Will applications, Gift Applications and Family Care Payment Applications.
  • Some of the clients that Freeths represents are unable to make their own will. This means that a complex application to the Court of Protection is required, which asks the Court to make a statutory will on their behalf.

"Natasha Molloy of Freeths LLP routinely serves as a professional deputy, regularly acting for clients with acquired brain injuries. A source says: 'She's one of the best that I deal with - technically she's very good and she also has a very good way of dealing with clients and making the right decisions on their behalf'."

Client testimonial

Key contact

Louise Lewis's Profile

Louise Lewis

Partner & Joint Head of Oxford Trusts, Estates and Tax Team

Natasha Molloy's Profile

Natasha Molloy

Partner & Head of Nottingham Court of Protection

Get in touch

Contact our Court of Protection team

Contact our Court of Protection team

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.

Call our Court of Protection team now on 0330 100 1014 to discuss how we can help you.

Meet the team

Louise Lewis's Profile

Louise Lewis

Partner & Joint Head of Oxford Trusts, Estates and Tax Team

Natasha Molloy's Profile

Natasha Molloy

Partner & Head of Nottingham Court of Protection

Get in touch

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Whatever your legal needs, our wide ranging expertise is here to support you and your business, so let’s start your legal journey today and get you in touch with the right lawyer to get you started.

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