Statutory Wills

Statutory Wills: Ensuring Fairness and Compliance in Unique Circumstances

When an individual is unable to make or update their own will due to a lack of mental capacity, a statutory will may be necessary. This type of will is drafted and approved by the Court of Protection to ensure that the person’s estate is distributed in a way that aligns with their best interests and the law. At TLS Solicitors, we specialise in guiding clients through this often complex process with expertise and empathy.

When is a Statutory Will Needed?

A statutory will is appropriate in several scenarios, including:

• Invalid or Outdated Wills: If an individual’s existing will is deemed invalid or circumstances have changed significantly (e.g., the death of a beneficiary, divorce, or a substantial change in assets).
• No Existing Will: When a person has never created a will and now lacks the capacity to do so.
• Disputes Among Beneficiaries: To resolve or prevent family conflicts regarding inheritance by establishing a fair distribution.
• Change in Relationships: For instance, if new beneficiaries (such as grandchildren or carers) should be considered, or a former beneficiary is no longer suitable due to estrangement or misconduct.

A Practical Scenario: When a Statutory Will is Used

The Situation: Mrs Thompson, aged 82, was diagnosed with advanced dementia. She had a will prepared 20 years ago, leaving her estate to her husband and children. Her husband has since passed away, and one of her children has become estranged, moving abroad without contact. Meanwhile, Mrs Thompson’s longtime carer has become an integral part of her daily life, ensuring her comfort and wellbeing.

The Problem: The outdated will no longer reflects Mrs Thompson’s current wishes or circumstances. Without intervention, her estate might be distributed in a way that contradicts her best interests.

The Solution: The appointed attorney under her Lasting Power of Attorney (LPA) recognised the need to update her will and applied to the Court of Protection for a statutory will. The new will fairly accounts for the changed relationships and ensures her carer receives a portion of the estate, alongside the family members with whom she maintains strong ties.

How TLS Solicitors Can Help

Navigating the complexities of statutory wills and the Court of Protection can feel overwhelming. At TLS Solicitors, we offer:

• Expert Guidance: Our Private Client team has extensive experience in Court of Protection applications, ensuring your case is presented clearly and effectively.
• Transparent Fees: We understand the importance of financial clarity. Whether you prefer a fixed fee, retainer, or capped hourly rate, our pricing is always competitive and tailored to your needs.
• Personalised Support: Every client’s situation is unique, and we take the time to understand your circumstances to provide a bespoke solution.

Contact Us

For expert advice on statutory wills or the Court of Protection process, reach out to TLS Solicitors today. Our dedicated Private Client team is ready to assist.

Newquay Office:

London Office:

Email: info@tls-solicitors.co.uk

Let us ensure your loved one’s estate is handled with the care, fairness, and professionalism it deserves.