Statutory Wills

At Culver Law, we aim to make legal processes as simple as possible for our clients.

When someone has not made a Will and has lost the capacity to make one, a Statutory Will is required. At Culver Law, the experts in our London and Cambridge offices are here to support you through this process.

When Is a Statutory Will Necessary?

A Statutory Will becomes necessary when someone is unable to make a Will themselves due to lacking mental capacity; this could be due to conditions such as dementia, severe learning disabilities, or other mental incapacities. In such cases, if a person hasn't made a Will while they had the capacity to do so, a Statutory Will can be authorised by the Court of Protection on their behalf.

A Statutory Will may also be necessary to make a small change to someone’s Will, such as to replace executors if they have passed away or are no longer suitable to act; to replace legacies where the assets are no longer owned, or to provide for replacement beneficiaries not included in the original Will. Culver Law regularly makes Statutory Will applications for our Court of Protection clients and can assist with the entire process.

Who Can Apply for a Statutory Will?

In order to make a Will, a person must be able to do the following:

Have a thorough understanding of what they are doing and the contents of their Will
Have the capacity to consider who they should be providing for
Have full awareness of what they are leaving in a Will

If they do not meet these requirements, a Statutory Will may be necessary. In most cases, Statutory Wills can only be applied for once permission has been granted from the Court of Protection. Statutory Wills are applied for by an authorised individual, such as someone with Power of Attorney, a Court of Protection Deputy, or a Personal Representative (such as an executor named in a previous Will).

How Can Culver Law Help Me?

Since Statutory Wills are based on the mental capacity of the individual concerning the Will, testamentary capacity disputes can occur. In these circumstances, our solicitors can provide you with expert advice to help you understand your options, and should further action be required, we can assist you by providing legal representation.

We always have the best interests of our clients in mind, so we act to ensure that the proposed Will aligns with our client’s requirements.

Our expertise in Will writing and vast experience working with the Court of Protection make us a viable asset for any individual who is looking to make a Statutory Will.

Applying for a Statutory Will

The Statutory Will application process involves several steps. Culver Law is here to aid you with all parts of the legal process, reducing your stress levels in challenging circumstances. A typical process could involve:

Assessment of capacity
Legal representation
Court application
Notification of interested parties
Court hearing
Court decision
Execution of the will

Why Choose Culver Law?

Experts in Statutory Wills - especially those dealing with large, complex or difficult estates.
Fairer pricing - we charge clients in 1-minute units so you never pay more than you need to.
British Sign Language (BSL) support is available for clients who are deaf or audibly impaired.
Peace of mind via our service level guarantee (ask our team for more information).
Offices in London and Cambridge allow you to have face-to-face meetings with our team at a location near you.

Meet the Team

London Office

44 Southampton Buildings, London. WC2A 1AP

Michael Culver

Michael is a Court of Protection panel deputy for property and affairs. He is responsible for managing the money and assets of people unable to manage such matters for themselves. Michael has also acted as a health and welfare deputy for a number of clients, making decisions over matters where they are unable to make decisions for themselves. Michael’s expertise in Statutory Wills, including a vast knowledge of Will writing and experience working with the Court of Protection, is a valuable asset to solving your Statutory Will queries.

Contact:

Tel: 0207 846 5029
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Cambridge Office

9 Hills Road, Cambridge. Cambridgeshire. CB2 1GE

Amy Wallhead

Amy joined Culver Law as a partner in March 2023. She advises on all aspects of non-contentious Private Client work including Wills, Trusts, Estate Planning and Probate and specialises in advising older and vulnerable clients.

Amy has a particular interest in understanding dementia and related illnesses which she uses to assist her clients to be involved in decisions relating to their affairs for as long as they are able. Amy’s expertise in Wills, coupled with her specialising in the needs of vulnerable clients, reflects the depth of knowledge and experience which you will receive by working with us to solve your Statutory Will problems.

Contact:

Tel: 01223 653010
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Do You Have a Statutory Will Enquiry That Needs Addressing?

At Culver Law, our experts are here to help with your Statutory Will issues to create the best possible outcome for your family, specifically tailored to your needs and wishes. Please get in touch to schedule a consultation with a member of our skilled team.

Will and Probate Services We Offer

Our team are experienced in handling a broad range of Wills, that include but aren’t limited to:

Will Writing Services

Crafting a well-structured and legally sound Will is crucial to ensure your wishes are honoured after your passing. Our solicitors will work closely with you to identify the right type of Will for your needs, and write a Will that reflects your intentions and safeguards your assets.

From simple or mirror Wills to Trust, we can help.

Will Writing Services
Estate Planning

Our team of Wills and Probate Solicitors can help you make important decisions about who will inherit your property, who will manage your affairs if you become incapacitated and how your healthcare and financial matters will be handled if you are unable to make decisions for yourself.

Estate Planning
Probate Solicitors

Compassionate probate solicitors in London & Cambridge - guiding you through the probate process with care and expertise.

Probate Solicitors
Estate Administration

Being an executor for an estate can be risky if matters are not dealt with correctly, because an executor or administrator can be held personally liable for any mistakes. At Culver Law, our solicitors work to guide you through the probate process, dealing with any estate fees or taxes.

Estate Administration
Statutory Wills

A Statutory Will is a Will made by the Court of Protection on behalf of someone who is unable to make one themselves because they lack the required mental capacity. Our team of solicitors in both our London and Cambridge offices are experts in this field, and can assist with statutory Will applications to ensure that the proposed Will aligns with the best interests of the individual.

Statutory Wills
Contesting a Will

Disputes over wills can be emotionally charged. Whether you’re challenging a Will or defending its validity, our solicitors provide strategic advice and representation.

Contesting a Will
Inheritance Act Claims

When you feel unfairly excluded from an inheritance, our team of solicitors can help you explore your options under the Inheritance (Provision for Family and Dependants) Act 1975. We strive to achieve a fair resolution for all parties involved.

Inheritance Act Claims
Beneficiary Disputes

A beneficiary is an individual designated to receive assets, property, or benefits from a Will, trust, insurance policy, or other financial arrangement upon the death of an individual.

Beneficiary Disputes
Testamentary Capacity Disputes

When questions arise about an individual’s mental capacity at the time of making a Will, our solicitors can provide you with expert advice to help you understand your options, and should further action be required, we can assist you by providing legal representation.

Testamentary Capacity Disputes
Contentious Probate FAQs

Contentious Probate is a wide-ranging term and includes any dispute involving a deceased’s estate.

Contentious Probate FAQs