Statutory Wills & Gifts

If someone lacks the capacity to make their own decisions, it may be that they are unable to create a valid will. Whether they need to write a will or change it, an attorney or deputy can apply to make a statutory will on their behalf.

Who can create a Statutory Will?

If you have power of attorney or hold a deputyship for someone, and feel it would be in their best interests, you can apply to the Court of Protection to make a Statutory Will or the behalf, or make amendments.

You can also ask the Court of Protection to make a gift on behalf of someone unable to do so, such as a wedding present or a car for a grandchild.

When might a Statutory Will be needed?

The person may not have made a Will while they had the capacity to do so
They did make a will, but a change in circumstances requires an amendment

What are the duties of an attorney or deputy for a Statutory Will?

You must ensure you are carrying out the wishes of the person you’re representing. This can lead to potentially delicate situations, such as if you stand to benefit from the Will, or if people believing they should be inheriting from the estate choose to challenge the Statutory Will.

Family members of a donor are given the opportunity to comment on a Statutory Will by the Court of Protection.