Statutory Wills

When a person lacks the mental capacity to make decisions, there is often a deputy appointed by the Court of Protection or an attorney appointed under a power of attorney. If that person has not made a Will, it may be necessary to apply to the Court of Protection to make a Statutory Will.

At Bridge McFarland LLP, our experienced Wills and Court of Protection team have helped prepare Statutory Wills on behalf of deputies and attorneys. If you need advice regarding a Statutory Will application, we can help.

Do you need legal advice about Statutory Wills or Court of Protection? Contact any of our offices today or call 0800 987 8800. 

Requirements for making Statutory Wills

Under the Mental Capacity Act 2005 (MCA) the court must consider what is in the best interests of the person lacking capacity. It will consider what they would have wanted.

In deciding what is in the person’s “best interests” the Act specifies that this should include consideration of:-

• The person’s past and present wishes – including any written statement made when they had capacity;
• The beliefs and values that would be likely to influence the person’s decision if they had capacity; and
• Other factors the person would be likely to consider if they were able to do so.

The views of family or people caring for the person are relevant, along with the opinions of any deputy or attorney.

Who can apply for a Statutory Will?

The categories of people who can apply for a statutory will are defined by Section 50 of the Mental Capacity Act. They are as follows:-

• The incapacitated person themselves;
• A deputy;
• Official Solicitor;
• Public Guardian;
• Any person who has applied to be appointed as a deputy;
• Any beneficiary under the last will or intestacy;
• An attorney;
• Anyone for whom the incapacitated person might be expected to provide; and
• Any other person who has the permission of the court.

Statutory Wills Solicitors Lincolnshire

The court process for executing a Statutory Will involves complex legal procedures, which can be costly and drawn out, and you should seek specialist legal advice. Bridge McFarland LLP has been providing Will writing and Trusts services to clients in Lincolnshire, East Yorkshire and the UK for many years. Our specialist Statutory Wills solicitors can guide you through the process of making an application to the Court of Protection. We can also oppose an application where it is felt that the proposed statutory will is not in the person’s best interests.

Get in touch with our Wills and Trusts team today 

Do you need legal advice about Wills or Life Interest Trusts? Contact any of our offices today or call 0800 987 8800. 

Frequently Asked Questions about Statutory Wills