This document provides general guidance about Statutory wills, explaining what they are, when it will be appropriate to make one and the process for creating one. Your Private Client lawyer will be able to provide specific advice based on your circumstances.

What is a statutory Will?

One of the key criteria for making a valid Will is that the testator has ‘Testamentary capacity’ at the time of signing the Will. Testamentary capacity, in brief, means that the individual understands the effect of making a Will, the extent and value of their property and the persons for whom they should be providing.

Where an adult lacks capacity to make a Will themselves and it is considered to be in their best interests to make a Will or to change an existing Will, it is possible for the Court of Protection to authorise the signing of a Will on their behalf. Such a Will is often referred to as a ‘statutory Will’. It is not possible for an Attorney appointed under an Enduring power of attorney or lasting