Call Trudy Rogers on 01635 569670 | Email:

Statutory Wills and Codicils

If someone lacks the mental capacity to meet the strict requirements of making a Will then it may be necessary to apply to the Court of Protection for the creation of a Will. Alternatively, there may be a Will in existence but the provisions are out of date and not relevant or practical for the vulnerable person.

If a person lacks mental capacity the only alternative is to apply to the Court of Protection for their approval of the new Will or the amendments that you suggest to the old Will. As with any application the overriding principle must always be the ‘best interest’ test for the vulnerable person. In other words, is the Will or Codicil in the best interests of the vulnerable person or is it something that the vulnerable person would have done themselves if they had retained their mental capacity?

The Court contacts all those who would be affected by the Will/Codicil and/or the intestacy rules. All parties are given an opportunity to put forward their opinions. The Statutory Will can be simple or complicated depending on the circumstances of the vulnerable person.

We can help you through the forms and processes when making the application, in drafting the document and also dealing with the formalities of the order of the various forms to the several parties that become relevant to such an application.

Please contact Trudy Rogers on 01635 569670 or email on for further information.