You can apply to the Court of Protection to make a will, or change one, for someone who is unable to do it themselves.<\/p>\n
There must be a valid reason to make a statutory will for another person, such as dementia, a debilitating illness, or a serious brain injury. You can make a statutory will application if someone is unable to understand:<\/p>\n
Note<\/strong>: You can make decisions on behalf of someone<\/a> if they lost the mental capacity to manage their finances. In other cases, they may still have the ability to make their own will. As a rule, a solicitor can confirm it.<\/p>\n <\/p>\n <\/p>\n There are four steps to the procedure of making a statutory will on behalf of another person who is incapable of doing so themselves:<\/p>\n 1. Download and then return all the forms after filling them in. You need to add the details of the proposed will and supply any supporting documents.<\/p>\n 2. Inform (serve) certain people that you made an application (see below).<\/p>\n 3. Attend a hearing if the Court of Protection needs to get more information.<\/p>\n 4. Finalise the will by signing it, having it witnessed, and getting it ‘sealed’ at the Court of Protection.<\/p>\n Note<\/strong>: You must also prove to the Court of Protection that the person is incapable of making a will by themselves.<\/p>\n The person’s doctor (or a medical professional) will need to fill in the parts relevant to the health questions. Send all the completed forms along with any supporting documentation and the fee to the Court of Protection.<\/p>\n Court of Protection<\/strong> <\/p>\n <\/p>\n The court will need to see proof of certain information and documents, including:<\/p>\n Other information you will need to provide includes:<\/p>\n <\/p>\n <\/p>\n The court will want to know that you are acting in the other person’s best interest. Any decisions that you take on someone’s behalf must follow the code of practice under the Mental Capacity Act 2005<\/a>.<\/p>\n As such, you must consider:<\/p>\n Further information is available in the Practice Direction 9E. It also contains an example of what a statutory will looks like.<\/p>\n <\/p>\n <\/p>\n In certain cases, the process allows you to make an urgent or emergency application<\/a> to the Court of Protection. Making an emergency decision on a statutory will could be important if the life expectancy of the person you are applying for is short.<\/p>\n Note<\/strong>: It might be best to get legal advice if your case is a complex one. You would need to pay for a solicitor but organisations like the Citizens Advice Bureau<\/a> are free.<\/p>\n <\/p>\n <\/p>\n The current cost of making a statutory will application is \u00a3371. In some cases, you may also need to pay:<\/p>\n <\/p>\n <\/p>\n You should make a cheque payable to ‘HM Courts and Tribunals Service’. Send it to the court with the completed forms and any supporting documents. The court will inform you if there are any additional costs to pay.<\/p>\n Note<\/strong>: It may be possible to claim back the fees from the estate of the person for whom you are applying.><\/p>\n <\/p>\n <\/p>\n In some cases, there will be no need to pay an application fee or a hearing fee. It depends on the circumstances of the person (e.g. if they are claiming certain benefits or have little or no income). Use form COP44A to apply for a fee remission form and send it with your forms.<\/p>\n Note<\/strong>: They would refund the fee if the person dies within five (5) days of when the Court of Protection receives an application.<\/p>\n <\/p>\n <\/p>\n You get confirmation from the Court of Protection when they receive the application. You also get a stamped copy along with a ‘directions order’. This is a document from the court that tells you what to do next.<\/p>\n <\/p>\n <\/p>\n You may need to write to the Official Solicitor if the directions order says you must. They may need to know about an application for a statutory will on behalf of someone else.<\/p>\n The Official Solicitor has several roles. But, it would be to ensure that the person who cannot make decisions for themselves gets someone to represent them in a court case.<\/p>\n Official Solicitor<\/strong> <\/p>\n <\/p>\n The directions order also states who you must ‘serve’ or inform about the application. Besides the person you are applying for, it can also include:<\/p>\n Once the application gets issued, you must serve these two documents within fourteen (14) days:<\/p>\n There are several ways to serve the documents, such as by email, fax, by post to their home address, or hand delivered in person.<\/p>\n Note<\/strong>: The court will allow you some time to try and reach a decision with the people you ‘served’. If that fails, the Court of Protection may decide to hold a hearing.<\/p>\n <\/p>\n <\/p>\n They will notify you of their decision, which may be that:<\/p>\n <\/p>\n <\/p>\n There will be an extra fee to pay if the Court of Protection decides to hold a hearing (or several hearings). As a rule, it would take place if you have been unable to reach a decision with all parties involved. It may be best to get a solicitor to re present you at a hearing.<\/p>\n <\/p>\n <\/p>\n In most cases, the court will reach a decision without a hearing. You can ask for a reconsideration of their decision any time within 21 days of the decision.<\/p>\n You can download and fill in the Appellants Notice Form COP35<\/a> to appeal a decision made at a court hearing. The fee is \u00a3234. Applicants who get certain benefits or are on a low income can use ‘Form EX160: Apply for help with court and tribunal fees<\/a>‘.<\/p>\n Fill in the ‘notice of appeal’ and send it to the Court of Protection within 21 days of the decision. Make the cheque payable to ‘HM Courts and Tribunals Service’ to cover the fees.<\/p>\n Court of Protection<\/strong> <\/p>\n <\/p>\n If the court accepts your application they will send you a court order. The letter will confirm their acceptance and inform you of the next steps to finalise the will.<\/p>\n <\/p>\n <\/p>\n You would need to sign two (2) copies of the statutory will. Sign both copies in your name and in the name of the person you made the will for. You would need two (2) witnesses who are at least 18 years old to sign them.<\/p>\n Both of the witnesses must be in your presence when you sign the will. They must also sign the will without delay after your signing.<\/p>\n You should then send the two signed copies of the statutory will to the Court of Protection. The copies will receive the court’s official seal and then get sent back to you.<\/p>\n <\/p>\n <\/p>\n A statutory will can be ‘executed’ or handled in the normal way, as if the person left a will<\/a> themselves.<\/p>\n <\/p>\n <\/p>\n
\nApplying to Make a Will for Someone Else<\/h2>\n
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\n\tPO Box 70185
\n\tFirst Avenue House
\n\t42-49 High Holborn
\n\tLondon C1A 9JA<\/p>\n
\nExtra Information and Supporting Documents<\/h2>\n
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\nMental Capacity Act Code of Practice<\/h2>\n
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\nMaking an Emergency Application<\/h2>\n
\nStatutory Will Application Fees<\/h2>\n
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\nMethods of Payment<\/h2>\n
\nGetting an Exemption or a Refund<\/h2>\n
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\nWhat Happens After an Application<\/h2>\n
\nWriting to the Official Solicitor<\/h2>\n
\n Victory House
\n 30-34 Kingsway
\n London WC2B 6EX<\/p>\n
\nServing Documents to People Named in the Application<\/h2>\n
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\nCourt of Protection Decision<\/h2>\n
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\nThe Court Hearing<\/h2>\n
\nAppealing a Decision<\/h2>\n
\n\tPO Box 70185
\n\tFirst Avenue House
\n\t42-49 High Holborn
\n\tLondon WC1A 9JA<\/p>\n
\nFinalising an Application for Statutory Will<\/h2>\n
\nSigning the Statutory Will<\/h2>\n
\nExecuting the Will when the Person Dies<\/h2>\n
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