Statutory Wills are not as complicated as they might seem to be, but the process of obtaining one isn’t easy, and there are some things you need to know if you are thinking of applying for one.
What is a Statutory Will?
A Statutory Will is something that you will need if a will is required or changes to a will are required by someone that is no longer mentally capable of doing so. This could happen due to a condition such as dementia or Alzheimer’s, or it could be due to an accident that has left the individual with brain damage.
To make a Statutory Will, the individual it is for must be over 18 years old and must have had the intention to make a will if they had the mental capacity to do so. The lack of mental capacity of an individual can only be determined by a medical professional using a specifically defined test. An application for a Statutory Will cannot be made without the documentation that shows the medical proof that an individual is mentally incompetent. The application for a Statutory Will is made to the Court of Protection.
Who can apply for a Statutory Will?
To apply for a Statutory Will, you will generally need the permission of the Court of Protection to do so, there are a few people who are exempt from this, these include:
- The person the Statutory Will is for.
- A deputy that the court has appointed.
- Any beneficiary named in the last will.
- A Public Guardian.
- Anyone that is entitled to property under intestate such as a spouse or a child.
The Court of Protection
The Court of Protection is a court that was specifically created to protect the interests of those who are incapacitated and cannot make decisions about their own finances or welfare. They are there to solely act in the best interest of the incapacitated individuals and any application for a Statutory Will must not only be made in line with the wishes of the incapacitated individual but also serve their best interests.
Supporting Information
Any application for a Statutory Will must be accompanied by documentation that includes:
- A copy of any existing wills or codicils
- A copy of the proposed Statutory Will or new codicil
- Details of the executor
- A family tree
- Full details of income, spending and any assets in the estate
- Full details of the current needs of the individual and an estimate of any future needs
Fees
An application for a Statutory Will costs £400, with a further £500 to pay if the Court of Protection decides to hold a hearing. There are also other legal fees you may have to pay.
Once an application to the Court of Protection is made for a Statutory Will, you will be informed whether the application has been approved or rejected. If the application is rejected, or you disagree with the decision that has been by the Court of Protection, you can appeal the decision within 21 days of the decision being made. Additional fees to file an appeal.
For more information or help with a Statutory Will application, contact our experts today.