A key principle of writing a Will is that the Will-maker (the ‘Testator’) must be ‘of sound mind’. This means that they must have the mental capacity to make informed decisions about how their estate will be dealt with when they pass away and to fully understand all of the consequences of the Will being created.
Where someone does not have the mental capacity to make a Will of their own (e.g. due to dementia or a serious brain injury) it may be necessary for someone else to make a Will or modify an existing will on behalf of the Testator. If you find yourself in this position, you will need to apply to the Court of Protection to create a Statutory Will.
Our Court of Protection solicitors have extensive experience with Statutory Wills, so can help you smoothly and effectively plan for the future of a vulnerable person’s estate. We can guide you through the entire Statutory Will application process, making sure all relevant issues, such as tax planning and property issues are considered and properly account for.
Whether you need to create a new Will, modify an existing Will, deal with high-value assets or use vehicles such as trusts, we can help. With our specialist expertise in dealing with the Court of Protection and handling all aspects of Will writing, we can give you complete peace of mind that your loved one’s intentions will be respected.
For initial advice from our Court of Protection solicitors on creating a Statutory Wills, we offer a 30-minute consultation for a fixed fee of £95 + VAT or an hour at £150 plus VAT.
How do Statutory Wills work?
A Statutory Will may be required where someone lacks mental capacity. Whether someone has mental capacity or not is something a doctor or other appropriate medical professional will need to determine with an assessment.
If it has been determined that someone lacks the mental capacity to make a Will, you may then be able to apply to the Court of Protection to create a Statutory Will for them.
In general, a Statutory Will may be required in the Testator is not able to understand:
- The implications of making or changing their Will
- What money, property or other assets they have
- How making or changing their Will may affect their loved ones
To make a Statutory Will, you will need to do the following (usually with the support of a solicitor):
- Fill in the relevant forms and submit them with any required supporting documents to the Court of Protection
- Inform anyone likely to be affected by the creation or modification of the Testator’s Will, including:
- Any beneficiaries of an existing Will
- Anyone who might normally expect to benefit from the Testator’s estate (such as family members)
- The Official Solicitor
- Attend a hearing at the Court of Protection (if required)
- Sign the Statutory Will and have it witnessed, then submit it to the Court of Protection
Why choose Tayntons for help with a Statutory Will?
Tayntons’ Court of Protection lawyers regularly advise clients on Statutory Wills in Gloucester and throughout Gloucestershire, including Cheltenham and the Forest of Dean, as well as covering the rest of England and Wales.
Our team include several members of the Society of Trust and Estate Practitioners (STEP) and Solicitors for the Elderly, reflecting our expertise in these matters. We offer sensitive, practical advice and support in plain English, so you can make fully informed decisions when applying to create a Statutory Will and be confident that your loved one’s intentions are reflected in the resulting Will.
Tayntons is Lexcel accredited by the Law Society for our excellent practice management and client care and we are independently regulated by the Solicitors Regulation Authority (SRA).
Get in touch with our Court of Protection solicitors in Gloucester
Need help creating a Statutory Will in Gloucester, Cheltenham, the Forest of Dean or anywhere in Gloucestershire or anywhere in the UK?