How to Make a Statutory Will

In certain circumstances you may need to draw up a will on someone else’s behalf. To help you with this, Prestige Tax and Trust Services explains how to make a statutory will.

Statutory will

A will is a legal document which someone uses to detail what they wish to happen to their estate when they pass away. A statutory will is an extensive of this; a document that someone makes on behalf of somebody else to detail what should happen to their estate when they die.

Criteria

You can only make a statutory will when the person on whose behalf you’re acting can’t make their own will. This may be, for example, if they have dementia or have developed a serious brain injury or illness. The law gives you permission to make a statutory will when the person on whose behalf you’re acting doesn’t understand how:

  • Making/changing a will may impact people they know e.g. those mentioned in or left out of the will.
  • Much property and money they own.
  • What it means to make or change a will.
  • It should be noted that just because someone has lost the mental capacity to manage their finances, it doesn’t mean they don’t have the ability to make a will. You should seek the advice of solicitors, such as Prestige Tax and Trust Services, before you attempt to make a statutory will.

    Application process

    If you fulfil the above criteria you can make a statutory will and to do so, you need to make an application to the Court of Protection. To complete this process you should:

  • Learn how to make a will. This will show you the legal guidelines you need to adhere to in order to write an acceptable will on someone else’s behalf.
  • Lodge your application with the Court of Protection. This means that you’ll need to complete the appropriate forms, and send them along with payment, details of the proposed will and supporting documents to the Court of Protection.
  • If the Court of Protection decides to hold a hearing, make sure you attend. At this point they’ll tell you whether your application has been approved or rejected, as well as if you need to supply additional information.
  • Sign the will, have it witnessed and submit it to the Court of Protection so they can have it ‘sealed.’
  • Prestige Tax and Trust Services

    Making a statutory will is a complex task, which in the majority of cases you’ll need legal support to complete. You should let the team here at Prestige Tax and Trust Services help you make a statutory will on someone else’s behalf. We have the experience you need to ensure you can act in someone’s best interests when they’re no longer able to do so for themselves.

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