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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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Every step of the process was explained fully. Excellent communication and prompt response to my emails. Suzanne’s professionalism and reassurance made a difficult time so much more bearable.

Karen

Very helpful and comprehensive service for both Trustee changes from Tom and Deeds of assignment from Clare. Complicated area of civil law that was laid out with clear path to achieve required changes and access to trust funds.

Mark

Very helpful and comprehensive service for both Trustee changes from Tom and Deeds of assignment from Clare. Complicated area of civil law that was laid out with clear path to achieve required changes and access to trust funds.

Mark

I instructed Ellice Pounder recently to write my Will. She was excellent, very professional and I was well advised throughout the process. I would highly recommend Ellice.

Beth

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