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

Michael Culver

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.

  • Tel: 0203 633 6226
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Amy Wallhead

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.

  • 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.

T: 0203 633 6226
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Culver Law, London
44 Southampton Buildings
0203 633 6226
Company No. 13313009

Culver Law, Cambridge
9 Hills Road
01223 653010

Authorised and Regulated by the Solicitors Regulation Authority. SRA Number: 820401.

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