City of London: 020 3443 9576
High Wycombe: 01494 451355
Marlow: 01628 958445

If an individual is shown to have lost capacity and they do not have a valid Will, an application can be made on their behalf to the Court of Protection for a Statutory Will to be put in place for them.

If such an application is made and the Court is minded to order a Statutory Will for the individual, the terms of this will be based on the following considerations:
  • The best interests of the individual, as is perceived by the Court.
  • The individual's current circumstances and any past or present wishes or feelings that they had expressed whilst they had capacity.
  • The individual's beliefs and values.
  • The views of those who are engaged in the care of the individual or are interested in their welfare, such as an attorney or deputy.
It should also be noted that, should a Statutory Will be created by the Court it is only going to broadly deal with an individual's assets.

Please contact us today for a free no obligation telephone discussion by calling us on one of the two telephone numbers referred to at the top of this page, or by email: This email address is being protected from spambots. You need JavaScript enabled to view it.

Our Court of Protection lawyers

Recommended by The Legal 500 - The Clients' Guide to Law Firms  Family Law - Solicitors High Wycombe   Collobrative Law - Curzon Green Solicitors   Law society   SRA      PNLA

        Family Law - Curzon Green Solicitors