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Statutory Will

Helping you navigate the Court of Protection and care funding with clarity, compassion and expert legal support.

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Clarity in a complex world.

A Statutory Will is a Will that is made or approved by the Court of Protection on behalf of someone who lacks mental capacity to make a Will themselves.

 

Statutory Wills can be complex, but our experienced Court of Protection team can help you through the whole process. Our knowledge means we can provide you with the best chance of the Court approving the Statutory Will.

A Statutory Will may be needed for various reasons, some of which may include: 

  • If a person has lost mental capacity and never had a valid Will or their current Will no longer reflects their wishes;
  • The person may have experienced a major change in their circumstances, such as a birth or death of a significant person. A Statutory Will may therefore be needed to reflect those changes;
  • Sometimes the Court will sanction Statutory Wills for tax planning purposes;
  • The Intestacy Rules (rules which set out how a person’s assets should be divided on death) may not cover family members or friends of the incapacitated person. For example, Felicity does not have capacity to make a Will and has never had one. She has no blood relatives but has two stepchildren that she always treated as her own. On her death, her assets would potentially pass to the Crown. In those circumstances it may be appropriate to apply for a Statutory Will for Felicity so that her stepchildren can benefit from her estate.


How can we help?


We have a specialist team with a wealth of experience in Court of Protection matters. We can also draw on specialisms from across the firm including our Trust, Probate and Contentious Teams. Our firm’s values of striving for excellence, being supportive and approachable, mean we provide exceptional client care and can guide you through the process.

Charlotte Cole - Colour - Low Res - 15th Aug 2023 - 005 copy

For legal advice on statutory wills

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I needed to renew my Will following bereavement. I knew what I wanted but needed advice on any implications which might arise. Eleanor was kindness itself, came to the house and took instructions. I was confident that what I needed to have done when the time comes has been put in place. I couldn't have wished for a better experience.

Private Client

My partner and I chose to use Porter Dodson to prepare our Wills as I had previously used them to help me with a family matter. We were treated with the utmost courtesy. All relevant aspects of the wills were fully explained to us and tailored to meet each of our individual needs. Within days we received draft copies to discuss with the Solicitor, before returning to sign the official documents. Jodie, our solicitor made us feel welcome on both visits and despite it being a very serious and though provoking matter she made us feel comfortable and relaxed, knowing that our wills meet our current needs, but can also be updated at any time in the future. We would fully recommend Porter Dodson.

Martin

Had a meeting with Sally Manning to discuss wills and LPAs for myself and my wife. From the very first meeting we both felt at ease and comfortable in Sally's office. We went on to have detailed discussions on what we actually wanted, everything was clearly and easily explained to us, again without any undue pressure. Over a couple of meetings we were very happy to proceed with our wishes. Again everything cleared explained including costs and timescale. We felt we had been listened to and our expectations were duly met. Very happy to highly recommended these solicitors and Sally in particular.

Dave

Excellent service given with helpful advice, kindness and consideration of our needs. Money well spent on a quality service. Thank you.

Private Client

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