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The Wills Act 2025 Statutory Wills
A Statutory Will is a product of the Court of Protection that allows a Will to be made on behalf of someone else because they lack capacity. This allows individuals who have a severe learning disability or dementia to confirm the distribution of their assets after death.
Who can arrange for a Statutory Will to be made?
If you are the court-appointed Deputy or an attorney under a Lasting Power of Attorney or Enduring Power of Attorney, you do not need to apply to the Court of Protection for permission. Similarly, if you are going to become entitled under your loved one’s estate either via a Will or through the intestacy rules or it is expected that you would be provided for if they had capacity, then you do not need permission. Everyone else will require permission to make an application to the Court of Protection for a Statutory Will to be drafted.
Best interests of the person
The focus of all mental capacity law is the best interests of the person without capacity. And so, Statutory Wills are determined in a similar fashion. Any factors that could have influenced a Will that your loved one would have written are considered, including their beliefs and values and any past or present wishes and feelings.
The Wills Act 2025 Reform
Recent proposed reform has stated that a person’s wishes and feelings should be given particular weight when making a best interests determination. This would allow the law to safeguard your loved one’s interests and ensure their estate will pass how they would like it to.
In addition, the current limitation on Statutory Wills having no effect on immoveable property outside of England and Wales is proposed to be removed. Finally, the age to make a valid Statutory Will is proposed to be dropped to age 16.
The proposed reforms will greatly expand the use of Statutory Wills and help to support individuals, who lack capacity, to confirm the distribution of their assets.
How can we help?
The process of applying for a Statutory Will can be confusing and complex. Our team of specialist legal advisers are here to guide you through the application process.
