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

This Checklist considers the option for someone who is owed money (referred to throughout as a creditor) to make a statutory demand against an individual or company that owes such funds (referred to throughout as a debtor) but is unable to pay. It is intended as a high level summary of the key considerations from a dispute resolution lawyer’s perspective. For detailed guidance and case law concerning statutory demands, see: Statutory demands for restructuring and insolvency professionals—overview. For a general understanding of contractual debt claims and, in particular, the considerations that apply in the context of disputed debts, see: • Practice Note: Debt claims • Practice Note: Starting a contractual debt claim — a practical guide, and • Starting a contractual debt claim—checklist For a checklist setting out some of the key considerations for a debtor on receipt of a statutory demand from a dispute resolution perspective, see: Responding to a statutory demand for dispute resolution lawyers—checklist. Finally, you might also be interested in: Advancing a claim against a party in financial

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—for further guidance, see: Court specific guidance. CPR 20 and CPR PD 20 set out the process whereby a party can bring an ‘additional claim’, which includes a counterclaim (CPR 20.2). This Practice Note considers when a counterclaim can be made by a defendant against the claimant or a new party and how this can be achieved. It also considers how to respond to a counterclaim (the defence to counterclaim and any reply to defence to counterclaim) and the impact of a counterclaim on case management. This Practice Note should be read in conjunction with Practice Note: Counterclaims and additional claims under CPR 20—initial considerations and permission, which provides some guidance on the factors to consider before making an additional claim and Practice Note: Drafting statements of case, which gives guidance on drafting statements of case

An advance decision enables an individual to refuse specified medical treatment to apply in the future when they may lack the capacity to consent to or refuse that treatment. This Checklist sets out the points for practitioners to consider and work through when taking instructions and advising a client on making an advance decision. • Capacity ◦ consider whether the client has capacity to make an advance decision (see chapter 3 of the Mental Capacity Act 2005 (MCA 2005) Code of Practice) • Lasting power of attorney (LPA) compatibility ◦ ensure there is no conflict between the advance decision and any health and welfare LPA made by the client In particular, note that if the client has made a health and welfare LPA that covers the same decisions as those in the advance decision: ‣ where the health and welfare LPA has been registered with the Office of the Public Guardian (OPG) before the advance decision is made, the advance decision will take priority ‣ where the health and welfare

Introduction to freezing injunctions and scope of this checklist A freezing injunction (or freezing order) is an interim injunction which restrains the respondent from dealing with or removing its assets from the relevant jurisdiction, being England and Wales, or wherever else they may be located in the world in the case of a worldwide freezing order (WFO). The overriding purpose of the court granting a freezing injunction is to ensure that the respondent’s assets are preserved so that in the event that the applicant obtains judgment against the respondent there are assets available for the applicant to recover and enforce against if necessary. This Checklist sets out how to make an application for a freezing injunction when claims are anticipated or ongoing in a corporate or personal insolvency context. Given that the particular circumstances of each case must be considered, this Checklist does not purport to be exhaustive, but to provide an overview of the key points to be considered at each stage when seeking an order of this nature. It assumes a corporate

NOTE: On 1 October 2026, a newly formed Business and Property Division replaces the Chancery Division—see News Analysis: The new Business and Property Division of the High Court. This Practice Note contains references to, and information derived from, the Chancery Guide. It is understood that a Business and Property Division Guide is being drafted and it is assumed this will replace the Chancery Guide. Existing links to the Chancery Guide will remain in content until a replacement is released. NOTE: with effect from 1 January 2026, the Financial List in the Chancery Division is operating a pilot under CPR PD 51ZH whereby certain documents used in public hearings (including witness statements and skeleton arguments) will be made available to the public by default. Practitioners making applications in this list should familiarise themselves with the pilot and make sure appropriate steps are taken to protect their clients when preparing affected documents. For guidance, see Practice Note: Non-party access to court documents and information in civil proceedings. Applications in the Chancery Division If your

NOTE: with effect from 1 January 2026, the Commercial Court and London Commercial Court are operating a pilot under CPR PD 51ZH whereby certain documents used in public hearings (including witness statements and skeleton arguments) will be made available to the public by default. Practitioners making applications in these courts should familiarise themselves with the pilot and make sure appropriate steps are taken to protect their clients when preparing affected documents. For guidance, see Practice Note: Non-party access to court documents and information in civil proceedings. Applications in the Commercial Courts If your matter is proceeding in the Commercial Court, the provisions of the Commercial Court Guide will apply to any application you make. If you are proceeding in one of the Circuit Commercial Courts, then the Commercial Court Guide will apply as modified by the Circuit Commercial Court Guide (Circuit Commercial Court Guide, para A1.3). This Practice Note provides guidance on applications in the Commercial Court and the Circuit Commercial Courts (referred to collectively in this Practice Note as ‘the Commercial Courts’)

Applications in the King’s Bench Division If your matter is proceeding in the King’s Bench Division (KBD) the provisions of the King’s Bench Guide will apply to any application you make. This Practice Note provides guidance on applications in the KBD with reference to the relevant provisions of the King’s Bench Guide. This Practice Note is focused on the process of making an application in the KBD, from pre-application considerations up to the point of serving the issued application. For guidance on other aspects of applications procedure in the KBD, see the following Practice Notes: • Preparing for an application hearing in the King’s Bench Division (KBD) • Determination of applications in the King’s Bench Division (KBD) The following general points should be noted: • the King’s Bench Guide provides practical information about proceedings in the KBD but it is not a substitute for the CPR and must be read alongside those rules (King’s Bench Guide, para 1.2). The structure of this Practice Note is designed to correspond with the dedicated

Applications in the Technology and Construction Court If your matter is proceeding in the Technology and Construction Court (TCC) the provisions of the TCC Guide will apply to any application you make. This Practice Note provides guidance on applications in the TCC with reference to the relevant provisions of the TCC Guide. This Practice Note is focused on the process of making an application in the TCC, from pre-application considerations up to the point of serving the issued application. For guidance on preparing for an application hearing after issue of the application, see Practice Note: Preparing for an application hearing in the Technology and Construction Court (TCC). The following general points should be noted: • the TCC Guide provides practical information about proceedings in the TCC but it is not a substitute for the CPR and must be read alongside those rules (TCC Guide, paras 1.1.1–1.1.3). The structure of this Practice Note is designed to correspond with the dedicated Practice Notes in this module which provide guidance on various aspects of making

Background According to the charity Missing People, around 160,000 people are reported missing in the UK each year. A person who disappears is presumed to be alive until the contrary is declared. Since October 2014, it has been possible to obtain a declaration of presumed death under the Presumption of Death Act 2013 once a person has not been known to be alive for a period of at least seven years. However, in the intervening period before a person can be presumed dead, or in circumstances in which the person is believed still to be alive, there may be nobody with authority to deal with their property and financial affairs, which can have serious implications for the missing person and their dependants. To resolve this problem the Guardianship (Missing Persons) Act 2017 (G(MP)A 2017) provides a statutory framework within England and Wales for a guardian to be appointed to deal with the missing person’s property and financial affairs. G(MP)A 2017 is supported

Applications to the Court of Protection (the court) are governed by the Court of Protection Rules 2017 (COPR 2017) and the Court of Protection Practice Directions, rather than by the Civil Procedure Rules 1998 and the related practice directions. When making an application to the court, it is therefore necessary to identify the applicable provisions in COPR 2017 and the relevant practice direction(s). The application should be made using the appropriate Court of Protection forms, as set out in more detail below. This Practice Note applies to the majority of applications to the Court of Protection. However, it is important to note that a different procedure applies to applications to appoint a property and financial affairs deputy. From January 2023, an upfront notification procedure has become the standard procedure for all property and affairs deputyship applications, following a successful pilot. Under this new process, set out in Practice Direction 9H, applicants should notify the person to whom the application relates and three people who know the person affected by the application using

STOP PRESS: This Practice Note is being updated for Statement of changes in Immigration Rules HC 584, issued on 3 September 2026. For more details, see: LNB News 03/09/2026 37. This Practice Note looks at the procedure for submitting applications for settled and pre-settled status under the EU Settlement Scheme (the Scheme). It covers: • the requirement to submit a ‘valid’ application • application procedures for applying for immigration permission under the Scheme (for European Economic Area (EEA) citizens and non-EEA citizens, inside and outside the UK) • the Home Office’s ‘EU Exit: ID Document Check’ app • the evidential requirements (these relate to identity and nationality, residence and the additional documents required for family members) • authorisation for a legal representative to liaise with the Home Office in relation to the application, and • the requirement to keep the Home Office updated in relation to certain details following grant of leave The Practice Note also looks at the application process for family