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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 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

I experienced a very helpful, friendly and approachable service whilst accepting advice during the appointments I attended for the making of my Will.

Marion

I would like to repeat my thanks to you and Caitlin for all the work involved in setting up our Lifetime Settlement. The Trust Deed was clear and followed the expressed wishes we gave you. You kept us fully informed at all times and the preparation, completion and registration were carried out in a most professional way with minimum delay. I would not hesitate to recommend Porter Dodson to any family member or friend seeking legal advice on trusts and wills and other related legal matters.

Michael

I would like to say a special thank you to Rose who has always been very approachable and friendly, leaving me at ease whenever I have had a question.

Debbie

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