Statutory Will Applications
Legal assistance with applying to the Court of Protection to create or amend wills for individuals lacking mental capacity, ensuring best interests are protected.
When a person lacks the mental capacity to make a Will, the Mental Capacity Act 2005 provides a pathway through the Court of Protection to create a Statutory Will on their behalf. This legal framework ensures that the individual’s wishes and best interests are respected, even when they cannot express them themselves.
At Pinney Talfourd, our experienced Probate and Court of Protection solicitors understand the sensitive nature of these applications. We handle matters with empathy and clear guidance, helping families and deputies navigate the legal process while minimising stress during already difficult times.
The Court can exercise its powers under the Mental Capacity Act when it sees good reason to depart from any existing Will or the intestacy rules when there is no existing Will. Applications must be made in the individual’s best interests, reflecting, wherever possible, their past and present wishes and feelings.
We will work closely with you to gather all necessary evidence, prepare the application correctly, and explain the process every step of the way. When applications involve deputies, the Office of the Public Guardian, or The Official Solicitor the process can be streamlined, but legal advice is always recommended to ensure compliance and best outcomes.
Pinney Talfourd is ranked in the Legal 500, reflecting our commitment to excellence, integrity, and client-centred support.
Specialist court of protection expertise
Our team includes highly skilled solicitors with deep knowledge of the Mental Capacity Act 2005 and Court of Protection procedures, ensuring every Statutory Will application is expertly prepared and managed.
Empathetic, client-focused approach
We understand the emotional stress involved in these cases, providing compassionate support so you feel confident, informed, and supported throughout the process.
Clear communication and guidance
We avoid legal jargon and explain everything in everyday language, keeping you up-to-date with realistic expectations and clear next steps.
Strategic preparation and thorough evidence gathering
We meticulously prepare applications with comprehensive evidence of the best interests of the person to whom the application relates, including consultation with carers, family, and medical professionals to strengthen your case.
Efficient process management
Our proactive approach helps avoid unnecessary delays, ensuring applications proceed smoothly and timely from start to resolution.
Tailored advice for deputies and guardians
We provide specialist guidance tailored to deputies and others involved in the application process, addressing specific requirements for these roles.
Legal 500 recognised team
Our placement in the Legal 500 underlines our reputation for legal excellence and trusted service.
Long-term peace of mind
Beyond the application, we offer ongoing support and advice to help clients and families plan confidently for the future, embodying our brand promise: your trusted partner through life and business.
How Statutory Will applications work
The Statutory Will application process begins with understanding the individual’s circumstances and wishes, if known, followed by careful preparation of the Court application. Our solicitors will gather evidence regarding the person’s capacity, medical details, and any existing Will or testamentary intentions.
Next, we file the application with the Court of Protection. If you are a deputy, the application may not require permission which can simplify the proceedings. The Court will carefully consider whether making or changing an existing Will aligns with the individual’s best interests.
Throughout, we liaise with all involved parties, including family members and healthcare professionals, to ensure the application reflects a balanced and well-founded view. Drawing on our strong experience, we also prepare to respond to any challenges from the Respondents to the application.
Once the Court approves the Statutory Will, we will guide you through its execution and safe storage.
At Pinney Talfourd your legal journey will be marked by clear communication, reliable support, and a collaborative approach so you never feel alone in what can be a difficult process.
Statutory Will Applications FAQs
We understand you might be looking for answers, so we’ve compiled a list of frequently asked questions to help get you started.
A Statutory Will is made by the Court of Protection for someone who lacks the mental capacity to make their own Will. It ensures their estate is distributed according to their best interests when they cannot decide for themselves.
Typically, deputies or close family members will apply. Specific circumstances and Court rules dictate whether permission is needed to make the application.
The timeframe varies depending on case complexity and court schedules, but we aim to handle applications efficiently, keeping you informed of progress throughout.
The Court reviews any existing Will, the person’s past and present wishes, family circumstances, and overall best interests before deciding to grant or refuse the application.
Yes, as with any Will, Statutory Wills can sometimes be contested. We provide robust advice and support to manage and resolve any disputes to protect the person’s interests.
Latest from Pinney Talfourd
Stay up to date with the latest legal developments, firm news, and upcoming events. Our experts share practical insights, commentary, and opportunities to connect with our team in person or online.
View our news
Our team of experts
Looking for advice?
"*" indicates required fields
Your key contact
You can contact us now to book an initial consultation. Or for more information please contact Matthew Edwards on the details below.
Matthew Edwards
Partner