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Statutory Wills

We can assist and advise deputy’s and attorney’s on
making an application for a Statutory Will.

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Future planning is a key component of a deputy or attorney and one of the main tasks to ascertain is whether someone has created a Will at a time when they had testamentary capacity. If they did not create a Will or their existing Will needs to be changed, it may be in the person’s best interests to make an application to the Court of Protection for a Statutory Will.

Our expert team can assist and advise Deputy’s and Attorney’s on making an application for a Statutory Will.

Who can apply for a Statutory Will?

If you act as an Attorney or Deputy for someone in relation to their property and financial affairs, you can apply for a Statutory Will.

Testamentary Capacity

The starting point to consider when acting as an Attorney or Deputy is whether the person has testamentary capacity as this is different legal test that needs to be assessed. The person executing the Will must:


Understand the nature of making a Will and the effects of the provisions within the Will.

Understand the extent of the property they are disposing in their Will.

Consider who they are providing for in their Will and who they ought to be providing for.

If the person that you are acting as Attorney or Deputy for does not understand the above issues, it may likely that they cannot execute a Will and an application for a Statutory Will is required.

Why apply for a Statutory Will?

The key criteria to consider when making a decision to apply for a Statutory Will is:


Did the person make a valid Will at a time when they had capacity.

If there is a valid Will, has there been a significant change in circumstances such that the Will needs to be amended. This can include if family dynamics have changed over the years or a major beneficiary has passed away.

Ultimately, a Statutory Will ensures that the person’s estate is distributed either in accordance to their wishes and feelings, so far as they can be known, or in a way which is fair.

Court of Protection

Court of Protection


Statutory Wills

Financial Abuse of Vulnerable Clients


Our Statutory Wills services:

Statutory wills

Simple and complex wills

Codicils (minor changes to wills)

Estate planning

For legal advice on will drafting and related matters, complete the form below, email us at or call us on +44(0)20 8965 4266.

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020 8965 4266

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    Gillhams Solicitors LLP. is authorised and regulated by the Solicitors Regulation Authority SRA No:488436