Statutory Wills

Statutory Wills Solicitors

When an individual does not have the mental capacity to make decisions, a deputy is typically appointed by the Court of Protection or an attorney designated under Lasting Power of Attorney (LPA). If the individual has not created a Will, it may be necessary to apply to the Court of Protection to make a Statutory Will.

If you need to prepare a Statutory Will, whether as a deputy or as an attorney, Bowsers Solicitors can assist. Furthermore, we have experience assisting clients with Statutory Will applications, which is a highly complex process.

Statutory Wills Solicitor Near Me

There are specific requirements that must be met regarding Statutory Wills.

Under the Mental Capacity Act 2005, the court must determine the best interests of the person who lacks capacity, considering their likely preferences. In deciding on the individual’s ‘best interests’, the Act mandates that the following factors should be considered:

  • The person’s past and present wishes, including written statements when they possessed capacity.
  • Beliefs and values that would probably influence the person’s decision if they had the capacity.
  • Other factors the person would likely contemplate if they were capable of doing so.

It should be noted that the perspectives of family members or caregivers are relevant, as are the opinions of any deputy(s) or attorney(s) involved.

If you are looking for Statutory Wills advice, please contact our experienced private client solicitors and chartered legal executives today on 01945 583194 (Wisbech) or 01354 652606 (March), or email Alternatively, you can fill in our contact form. 

Contact Us

March and Wisbech Solicitors

Bowsers Solicitors are local solicitors for the local community. We understand the complex, overwhelming and time-consuming nature of the court process pertaining to executing a Statutory Will. The matter can be costly and drawn out, so seeking relevant legal advice is essential.

Our lawyers and chartered legal executives can assist in making an application to the Court of Protection and opposing an application where it is considered that the proposed Statutory Will is not in the person’s best interests.

To speak to one of our friendly yet professional private client solicitors or chartered legal executives today, please call 01945 583194 (Wisbech) or 01354 652606 (March), or email Alternatively, you can fill in our contact form

Solicitors for Statutory Wills Cambridgeshire

Under Section 50 of the Mental Capacity Act, there are specific categories of people who can apply for a Statutory Will, as outlined below:

  • The incapacitated person.
  • A deputy.
  • Official solicitor.
  • Public guardian.
  • Any person who has applied to be appointed as a deputy.
  • Any beneficiary under the last Will or intestacy.
  • An attorney.
  • Anyone for whom the incapacitated person might be expected to provide.
  • Any other person who has the permission of the court.

If you are unsure where you stand, contact a trusted and professional legal professional. Our lawyers have the resources to help clients across Cambridgeshire, Lincolnshire, Norfolk and the Fens.

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Wisbech Office

15 South Brink
PE13 1JL

March Office

10 Market Place
PE15 9JQ