When someone you care for can no longer make their own Will, you need practical legal support to protect their interests. Our experienced Court of Protection and Private Client lawyers in Manchester, Sale and Chester provide expert guidance on statutory Wills, so you can make sure their estate is handled properly.
A statutory Will is a legal document approved by the Court of Protection on behalf of someone who no longer has the mental capacity to make their own Will. If you’re acting as a deputy or attorney for someone in this position, you may need to apply for a statutory Will to protect their interests and make sure their estate is dealt with in their best interests.
This might be necessary if they’ve never made a Will, if their existing Will is out of date, or if you do not consider that the intestacy rules reflect their best interests. There is a detailed process for a statutory Will application which includes giving notice to the appropriate parties to satisfy the Court that everyone prejudiced by the proposed Will has the opportunity to respond to the application. It is a complex process that requires specialist legal advice and support.
Statutory Will Services we offer in Manchester, Sale and Chester
Making a statutory Will application
If you’re acting as a deputy or attorney for someone who lacks mental capacity, we’ll handle the full statutory Will application to the Court of Protection. We prepare all the required documentation, gather evidence about the person’s circumstances and likely wishes, give notice to relevant parties and submit everything to the court on your behalf. Our job is to make sure the application reflects what’s in their best interests under the Mental Capacity Act 2005.
Updating or replacing an existing Will
Sometimes an old Will no longer fits someone’s current situation, maybe their family circumstances have changed, or the Will was made years ago and doesn’t account for new assets or relationships. We can apply to the Court of Protection for a statutory Will that better reflects their present circumstances and what you believe to be in their best interests.
Avoiding intestacy issues
If someone has never made a Will and now lacks capacity, or if they have never had capacity to make a Will, the intestacy rules decide who inherits, and that doesn’t always match what they would have chosen. We help families apply for statutory Wills in Manchester, Sale and Chester so that their estate is distributed fairly as approved by the Court of Protection, rather than leaving it to default legal rules.
Challenging or defending a statutory Will
If you’re concerned that a proposed statutory Will doesn’t serve the person’s best interests, or if someone is challenging an application you’ve made, our contentious Court of Protection team can represent you. We handle disputes around statutory Wills with a practical approach focused on getting the right outcome.
How the statutory Will process works
Initial assessment
We review the merits of any proposed statutory Will and check you have the authority to apply as a deputy or attorney. We’ll identify what evidence the Court of Protection requires upfront.
Preparing the application
We draft the proposed Will, prepare witness statements and application papers and gather medical evidence and financial information. In our experience, thorough preparation at this stage helps applications move through the Court more smoothly with fewer queries or delays.
Court review
We submit everything to the Court of Protection on your behalf and handle their response and the Court’s timetable. This can take several months, often depending on whether everyone is in agreement or whether one or more people object to the proposed Will. Some cases are approved on paper; others may progress to a hearing where we represent you.
Approval and execution
Once approved, we handle the formal execution and sealing. The original stays with the court, and you receive sealed copies for your records.
Why choose Slater Heelis for a statutory Will
Recognised excellence you can trust
We’re listed in The Times Best Law Firms for 2026, and The Legal 500 recognises us as one of the leading firms in the North West. With over 1,400 reviews and an average rating of 4.9/5 on ReviewSolicitors, our clients trust us enough to recommend us to their families and friends.
Rooted in the North West since 1773
We’ve been serving families and businesses across Manchester, Sale, Chester and the wider North West for over 250 years. That’s generations of understanding local communities and the practical realities of managing someone else’s affairs. When you need face-to-face advice about a statutory Will, our local offices make it straightforward.
Full-service support when complications arise
Statutory Will cases often bring up other legal issues – property matters, family disputes, questions about injury compensation. As a full-service firm, we can bring in our Wills and Probate, Family Law, Property and Personal Injury teams when needed. You won’t be left coordinating multiple solicitors across different firms.
If you need help with a statutory Will application, our Court of Protection teams in Sale, Manchester and Chester are ready to support you through the process.
Our offices in Manchester, Sale, and Chester are open for face-to-face meetings, and we also work with clients across the UK, with meetings at other locations available by appointment. We’ll keep you informed, handle the complexities, and help you protect the interests of the person you’re looking after.
An application is usually made by a Court of Protection deputy, an attorney appointed under a Lasting Power of Attorney, or a family member with the Court’s permission. You need legal authority to act on behalf of the person who lacks capacity. If you’re unsure whether you’re eligible to apply for a statutory Will in Manchester, Sale or Chester, our team can advise you.
How long does a statutory Will take?
The statutory Will process typically takes several months from submitting the application to receiving Court approval. The timeframe depends on the Court of Protection’s workload, the complexity of the case, and whether anyone raises objections. Straightforward applications with no objections and comprehensive evidence generally move through faster.
How much does a statutory Will cost?
Costs include court fees (currently £421 for the application) plus legal fees for preparing the application and supporting documents. Legal fees vary depending on the complexity of the case and whether a court hearing is needed. We’ll give you a clear breakdown of likely costs at the outset so there are no surprises.
When is a statutory Will necessary?
A statutory Will is necessary when someone lacks mental capacity to make their own Will, and either they’ve never made one, their existing Will is out of date, or the intestacy rules wouldn’t reflect their likely wishes or best interests. The Court of Protection must approve any statutory Will to ensure it serves the person’s best interests.
Can a statutory Will be contested?
Yes, statutory Wills can be challenged if someone believes the proposed Will doesn’t serve the person’s best interests or affects their own inheritance. Challenges must be made through the Court of Protection. Our contentious Court of Protection solicitors can represent you whether you’re bringing or defending against a challenge.
Who signs a statutory Will?
Once the Court of Protection approves a statutory Will, it’s executed by an authorised officer and sealed by the court. The person lacking capacity doesn’t sign it themselves. The sealed Will becomes their legally valid Will and is kept by the Court of Protection, with sealed copies provided to the applicant.
What's the difference between a statutory Will and a regular Will?
A regular Will is made by someone with mental capacity who signs it themselves. A statutory Will is made on behalf of someone who lacks capacity, requires Court of Protection approval, and is executed by the court rather than the individual. Both are legally binding once properly executed.
Do I need a solicitor for a statutory Will?
While not legally required, most people use a solicitor because statutory Will applications involve complex legal procedures, detailed evidence gathering, and court processes. Applications without proper legal support are more likely to face delays or rejection. Our Manchester, Sale and Chester teams handle the entire process for you.
What happens if a statutory Will application is refused?
It is common for the first draft of the proposed statutory Will to be discussed and revised during the process of the application. The person’s existing Will (if they have one) remains valid, or intestacy rules apply if they don’t.
The Court may appoint the Official Solicitor to act as an independent representative of the person who lacks capacity and they may wish to amend some of the terms of the proposed Will.
Can a statutory Will be changed after it's approved?
Yes, if circumstances change significantly, you can apply to the Court of Protection for a new statutory Will to replace the existing one. This might be necessary if the person’s financial situation changes, relationships break down, or beneficiaries die. Each new application requires fresh evidence and court approval.
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