Statutory Wills
Guiding you through the Court of Protection process with clarity and care.
Supportive, expert advice on statutory will applications
When someone loses mental capacity, the ability to make or update their own will is lost with it. A statutory will is made on their behalf, with the authorisation of the Court of Protection, and is based on careful consideration of their circumstances, relationships and any wishes expressed before capacity was lost.
Our statutory wills solicitors have extensive experience in Court of Protection work and understand both the legal complexity and personal sensitivity these applications involve.
Who can apply for a statutory will?
An application for a statutory will can be made by anyone with a legitimate interest in the welfare of the person who lacks capacity. This typically includes:
- Family members
- Close friends
- Solicitors acting under a Lasting Power of Attorney
- Deputies appointed by the Court of Protection
The court will consider a range of factors when deciding whether to approve a statutory will and what it should contain. A statutory will may be needed for a variety of reasons – for example, where someone never made a will before losing capacity, where an existing will no longer reflects their circumstances, or where changes to family relationships or assets make an update necessary
Why choose Goughs
Goughs has been advising individuals and families across Wiltshire and beyond for years, and our Court of Protection team brings the technical expertise and empathy needed to every case we handle.
We know that applications for statutory wills often arise at difficult times, when families are already dealing with the pressures of caring for a loved one, and we aim to make the legal process as straightforward as possible.
Statutory Will FAQs
An ordinary will is made by an individual who has mental capacity, with the freedom to decide how their estate should be distributed. A statutory will, by contrast, is made for someone who lacks that capacity and therefore cannot make their own decisions.
The process begins with preparing and submitting an application to the Court of Protection, accompanied by evidence about the person’s circumstances, their incapacity, and the proposed terms of the will. Other interested parties, such as family members or existing beneficiaries, will typically be notified and given the opportunity to respond. The court may hold a hearing, though many applications are resolved on paper. Timescales vary depending on the complexity of the case.
Yes. A statutory will can be used to replace an existing will if it no longer reflects the person’s best interests or if their circumstances have changed significantly since it was made.
Costs vary depending on the complexity of the application and whether any parties contest the proposed terms. Court fees apply, and there will be legal fees for preparing and submitting the application. We will always aim to give you a clear picture of the likely costs before any work begins.
Our clients rate us as excellent
Legal 500
Client orientated; they ensure the client is well informed with easy to read documents.
L C, Devizes
Our Wills were dealt with efficiently, we have already recommended your firm to our daughter and husband. Absolutely brilliant – thank you.
Sue Greenman
Everything was completed professionally and within my tight time scales. I would like to say thank you and would definitely go back to Goughs should I need help in the future.
Legal 500
Goughs gives outstanding customer satisfaction. They are very approachable, reliable, courteous and informed. I would recommend Goughs to anyone.
R F, Melksham
Great service, professional, great communication and handled what was a very sensitive situation with care and compassion.
W D, Calne
Professional, helpful & knowledgeable service. Giving very clear advice in a way I could understand. Thank you.
Meet the Private Client team
Associate
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Partner and Head of Contentious Probate
Associate (FCILEx)
Associate Solicitor
Solicitor
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Senior Associate
Legal Director
Trainee Solicitor
Trainee Paralegal
Trainee Paralegal
Associate
Partner and Head of Contentious Probate
Associate Solicitor
Solicitor
Partner & Deputy Head of Private Client
Paralegal
Solicitor
Paralegal
Solicitor
Senior Associate
Associate (FCILEx)
Partner & Head of Private Client and Private Wealth
Partner
Senior Associate (FCILEx)
Why choose Goughs?
Local since 1882, with an excellent reputation
First-class, effective service
Largest solicitors in Wiltshire
Seven offices throughout the county
Nationally accredited law firm
Recognised by Legal 500 and Chambers & Partners