Statutory Wills
Statutory Wills are wills written by the Court of Protection for someone who cannot write a Will themselves due to lack of mental capacity. This might be because they have become ill before making a Will or because they have never had mental capacity.
Statutory Wills are complex and require lots of information to be placed before the Court to ensure that it is the right thing to do for the person who cannot write the Will. Information that the Court may require can include:
-
A family tree
-
Details of the current situation of the person who doesn’t have capacity
-
Why a Will is needed
-
Why the intestacy provisions (the rules to say who inherits when someone doesn’t have a Will) are not sufficient
Circumstances when a Statutory Will may be consider could include no contact between an incapacitated person and an absent parent, a separation (but not divorce) between an incapacitated person and their partner or in cases of abuse.
If you think that you may need to apply for a statutory Will, call the Court of Protection team on 0116 212 1000
