Statutory Wills

What is a Statutory Will?

Firstly, it’s important to know the difference between a standard Will and a statutory Will, as there are differences.

• Statutory Will – the Court of Protection will amend and review a Will for someone who isn’t able to do it for themselves. Sometimes, a person may need help with creating a statutory Will if they’ve never had a Will before, or they need to make changes to a Will that already exists. The Court of Protection can make a judgement on what’s best for the person, in regard to their interests and wishes.
• Standard Will – a person creates their own Will and can amend and change it if needed, possibly with help from a solicitor.

Someone may need the help of the Court of Protection due to illness, or degenerative conditions like dementia. While they may not have capacity to understand the situation, the Court of Protection will always consider what’s best for them. Our solicitors understand that you want what’s best for your loved one, which is why we’ll always suggest an outcome that suits your situation.

Who Can Apply for a Statutory Will?

The Court of Protection will assess your situation, and you will need them to grant permission before you make an application on behalf of a loved one. If you’re looking to apply for a statutory Will on behalf of a loved one, there are certain eligibility requirements. For example, you must have a legitimate connection with the person you are making an application on behalf of.

• A family member or close friend who wants to genuinely help the person.
• An attorney who acts under a Lasting Power of Attorney – this is usually someone who is appointed to help with financial and personal matters.
• A deputy who can manage the person’s matters.
• In some cases, the person themselves can apply for a statutory Will – this is usually if they are still somewhat capable but would require some help.

When is a Statutory Will Needed?

Whether you’re ready to set a statutory Will up or you’re still considering the decision, you may be wondering if a statutory Will is right for your situation.

• The person has never created a Will and now can no longer do so as they do not have the capacity.
• A Will had already been created but has since become out of date – this can happen for several reasons, such as going through a divorce or following the death of a beneficiary.
• There may be some concerns that a Will created doesn’t reflect their best interests or wishes, or alternatively, the Will was made when the person’s capacity was being questioned.
• If any of their personal circumstances have changed. This can include any assets being received, such as inheritance money or any profit made from selling their home.

What Farleys Can Offer

At Farleys, we understand that this may be a process you haven’t dealt with before, which can raise feelings of stress or confusion as to where to start. However, by working with us, we’re here to help make your situation more manageable. Our solicitors will help you navigate the process from start to finish, helping you understand each step.

From deciding whether this is the right step for your loved one, to guiding you through to the application process, all the way to liaising with relevant parties to make sure your loved one’s interests are at the forefront, we’re here to support you.

All advice will be communicated to you in plain English, so you can understand any next steps, and we’ll always be on hand to answer questions you have. Supporting with statutory Wills is just one way we can help you and your loved ones; we’re able to aid with additional services too, such as Lasting Power of Attorney and deputyship.

Our Process

While each case is different, which is why we’ll never use a copy and paste approach, you can expect to follow similar steps throughout the process.

Step 1: Having an initial conversation – we’ll learn about your situation and discuss with you whether a statutory Will is the right next step for you. You’ll also be able to ask us any questions you may have.

Step 2: Collecting information and evidence – before you submit your application, we’ll require specific information and evidence that’ll be used to put towards the Court of Protection to allow them to assess your case. We will let you know what information is needed.

Step 3: Helping prepare your application – we’ll help you collate the application and ensure all details are correct before it is sent to the Court.

Step 4: Liaising with third parties on your behalf – we will communicate with any parties involved for you to ensure the process moves along as smoothly as possible.

Step 5: The Court will make their decision – based on your application, the Court will come to a decision. They will either approve or deny your application and their decision will be centred around your loved one’s best interests and wishes.

Step 6: We’ll continue to support you after the decision – if your loved one’s circumstances change in the future, we’ll be able to assist. We can also offer other related services to you, such as LPAs and deputyship, so everything can be sorted in one place.

Why Choose Farleys?

Farleys are a firm that have been providing expert legal advice for over 60 years, covering a wide variety of legal services, including statutory Will services. It’s an area that requires meticulous care and attention, and we will always work with your best interests at the forefront.

Our team will guide you through the process from start to finish, answering any of your queries along the way, helping you understand. We’ll always tailor our approach to your specific circumstances and strive to get the most suitable solution for you.

We’ll always be transparent throughout our work with you, from our fees to our advice, meaning you’ll never be left guessing.

The firm have been recognised by The Legal 500 and Chambers & Partners, representing the high standards we work at and our ability to build strong relationships with our clients.

National Scale, Proven Expertise: Farleys is part of Lawfront, a national group of regional law firms. Together, our private client teams total almost 180 specialists and hold seven Legal 500 rankings nationally, including three Tier 1.