Statutory Will Solicitors
If you die without having made a will, the state decides where your possessions will go. Your loved ones could lose out. Especially if you have been married more than once.
For this reason, we always recommend that you make a will to safeguard the future of those closest to you.
But what happens if you are diagnosed with dementia or have a serious accident and suddenly lose the mental capacity to make decisions? You could be alive but unable to make a will.
There is a solution. In these circumstances, an application can be made to the Court of Protection for a Statutory Will to be drawn up on your behalf.
How To Apply For A Statutory Will
Having a Statutory Will approved involves applying to the Court of Protection in London. It is a long, complex and costly process which involves filling in a number of forms.
Statutory Wills are quite rare. Specialist legal advice is needed.
Not every firm of solicitors has this experience. However, Coles Miller has a number of solicitors who specialise in Court of Protection work and have experience of Statutory Wills.
Often it is members of the individual’s family who ask for our help in applying to the Court of Protection for permission to draw up a Statutory Will - but sometimes it can be a representative from Social Services.
The simplest way is for a solicitor named in a registered Lasting Power of Attorney to apply to the Court of Protection for a Statutory Will to be drafted and approved.
This is another good reason to have a Power of Attorney in place - without one, you will have to apply for a deputyship which can be more time consuming and costly.
The deputy can be a relative, friend of the family or a trusted professional adviser.
Statutory Will Solicitors, Treasury Solicitors, Barristers
Applying for a statutory will is more complicated than some other applications to the Court of Protection.
It can involve instructing barristers. This can add another layer of cost to the process.
Also, the court will appoint an Official Solicitor to speak on behalf of the individual who is the subject of the will - the person who would be making the will if they had the mental capacity to do so.
In theory, the view of the family’s solicitor applying for the statutory will should align closely with the opinions of the treasury solicitor who is the court-appointed advocate of the person concerned.
But sometimes opinions can differ. This is where it pays to employ Coles Miller’s specialist solicitors so any minor differences of legal opinion can be resolved quickly and cost effectively.
Varying Or Challenging A Statutory Will
Statutory wills are a highly specialised and unusual type of will. They are rare - so attempts to vary or challenge them are even rarer still.
It is possible to vary a statutory will but challenging them is difficult. For more advice on this - or challenging any other type of will - contact Coles Miller Partner Simon Steele-Williams.
Get Expert Legal Advice On Statutory Wills
To find out more about statutory wills, Make An Enquiry, Request A Call Back or find your local office (Contact Us) by using the links on the right hand side of this page.
Would you prefer to see one of our solicitors at your home? No problem - we can come to you. We regularly visit clients at home or in hospital.
Make An Enquiry
Meet The Team
Chartered Legal Executive