If someone you care about lacks the mental capacity to make or change their own Will, that doesn’t necessarily mean nothing can be done. A Statutory Will lets the Court of Protection approve a Will on their behalf, provided it can be shown that it’s in their best interests. Our Statutory Will solicitors can advise on whether an application is right for your situation.
Call us on 0330 111 3131 or get in touch via our online enquiry form. We’ll give you straightforward advice on where you stand and what it’s likely to cost.
What is a statutory Will?
A Statutory Will is a Will made on behalf of someone who lacks the mental capacity to make one themselves, approved by the Court of Protection under the Mental Capacity Act 2005. It’s used either when the person has never made a Will and now needs one, or when an existing Will no longer reflects their circumstances and they can’t update it themselves.
The application has to show the proposed Will is in the person’s best interests, not simply what family members think would be fair or convenient. The Court will consider the person’s own past wishes and values where these are known, even though they can no longer express them directly, alongside the interests of anyone who might reasonably expect to benefit.
When is a Statutory Will needed?
A handful of situations tend to bring families to this specific application, rather than a standard Will or LPA.
No existing Will: The person never made a Will, and now lacks the capacity to do so, but has an estate that would otherwise pass under the sometimes unsuitable intestacy rules.
An outdated Will: Circumstances have changed significantly since an earlier Will was made, for example, a beneficiary has since died, or a family relationship has broken down.
A change in the estate: A large inheritance or compensation payment has significantly changed the size of the estate since the last Will was made, changing the tax or practical implications.
Protecting against exploitation: Concerns exist about undue influence on an existing Will, and a court-approved Will offers stronger protection than one made informally under pressure.
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.
The Statutory Will application process
Because the Court, not the family, makes the final decision, the application needs to be built on solid evidence.
Assessing capacity: Medical evidence is needed to confirm the person genuinely lacks the capacity to make or update their own Will.
Preparing the application: We prepare the application to the Court of Protection, along with a draft of the proposed Will and the reasoning behind it.
Notifying interested parties: Family members and other people with an interest in the estate are usually notified and can raise objections.
Court approval: The Court considers the application, focusing on the person’s best interests, and approves, amends or rejects the proposed Will.
Statutory Will applications typically take several months, longer if family members disagree about what the Will should say. Because it’s the Court’s decision, not the family’s, getting the application right, with proper evidence of the person’s best interests, matters enormously.
Who can apply for a Statutory Will?
An existing deputy, an attorney under a property and financial affairs LPA, or anyone else with a genuine interest in the person’s welfare, such as a family member, can apply, though the Court’s permission is needed to proceed in most cases. See our deputyship solicitors page if you’re already acting, or considering applying to act, as deputy.
What does a statutory will cost, and who pays?
Legal costs and the Court fee are usually paid from the person’s own estate, since it’s their affairs being managed, rather than by whoever applies on their behalf. This is worth knowing upfront, since it means the cost doesn’t fall on the family member or deputy bringing the application. Where an existing deputy is involved, these costs are typically accounted for as part of their normal reporting to the Court.
Once the Court approves a Statutory Will, it’s executed on the person’s behalf, usually by a court-appointed authoriser, and takes effect in exactly the same way as any other valid Will once they die. It can be revisited later if circumstances change significantly and a further application is needed.
Why choose Slater Heelis for a statutory Will
Recognised excellence you can trust
Alex Sealy leads our Wills, Trusts and Probate team, and several of our Private Client partners are members of STEP and Solicitors for the Elderly. 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.
National scale, proven expertise
Slater Heelis is part of Lawfront, a national group of regional law firms. Together, our private client teams total almost 180 specialists and hold 7 Legal 500 rankings nationally, including 3 Tier 1
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.
These applications need careful evidence, so it’s worth talking it through with us early. Call us on 0330 111 3131, or get in touch via our online enquiry form.
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.
Is a Statutory Will the same as an LPA?
No. An LPA lets someone plan ahead while they still have capacity; a Statutory Will is sought after capacity has already been lost. See our Lasting Power of Attorney solicitors for setting things up in advance instead.
What happens if someone dies without ever getting a Statutory Will approved?
Their estate is dealt with under whatever Will they already had, or the intestacy rules if they had none, in exactly the same way as anyone else who dies without a valid, up-to-date Will.
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