Statutory Will Disputes

If an individual does not have the capacity to make a will or has made a will but cannot make required changes to their original will, an application must be made to the court, for the court to approve what is known as a statutory will.

If you are concerned a statutory will does not reflect the wishes of the person it was made on behalf of, or that the terms of the statutory will are not in that person’s best interests it may be possible to challenge the statutory will.

It is important to seek legal advice on receipt of notice of a statutory will as soon as possible to ensure your position and that of the donor are protected. We can assist in explaining the process and the merits of any proposed challenge. Call JMW today on 0345 872 6666, or complete our online enquiry form to request a call back from a member of our highly qualified team.

How JMW Can Help

Our experienced will disputes solicitors provide representation for individuals, families, and professionals in various circumstances. We understand the importance of discretion when handling statutory will disputes, so we are sensitive and pragmatic to ensure our clients receive timely and efficient services.

We have a team of knowledgeable specialists that bring professionalism and expertise to every case. We work with colleagues across our Wills, Trusts & Estate Planning and Court of Protection areas to provide tailored advice for each individual situation.

You will be assigned a solicitor plus a trainee or paralegal to make sure you always have a person to contact throughout the proceedings. Each case will be supervised to guarantee that it is appropriately managed.

What is a Statutory Will?

A statutory will is a will made on behalf of a person who lacks the capacity to make a will themselves. A statutory will has to be approved by the Court of Protection and once approved will be legally binding in the same way any other will would be. 

Circumstances where a statutory will may become necessary for someone without capacity include: 

• if the donor’s existing will or intestacy doesn’t reflect their current wishes; or
• there is a significant change in the donor’s circumstances, for example, the death of a beneficiary.

Making an Application for a Statutory Will

The Court of Protection Rules govern how to make a statutory will. It is necessary to make an application supported by a capacity assessment of the donor and supporting evidence as to why a statutory will is appropriate and in the donor’s best interests. The application requires specific evidence and documents to be contained within the evidence put forward, including but not limited to:

1. The deputyship order or a certified copy of the Lasting Power of Attorney
2. Two copies of the proposed will
3. All copies of existing wills
4. Consent to act by the proposed executors
5. Details of the donor’s family (full names and dates of birth)

Any beneficiary under an existing will or under a proposed will that is likely to be materially or adversely affected by the application must be named as a respondent to the application. On notification, each respondent has the ability to oppose the application if, for example, the proposed will is not reflective of the donor’s wishes or is not in their best interests. The court should then list the application for a hearing, rather than consider the application on paper.