Make a statutory will on behalf of someone else

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1. Overview

Apply to the Court of Protection if you want to make (or change) a will on behalf of someone who cannot do it themselves.

This may be because, for example:

  • they바카라 사이트™ve had a serious brain injury or illness
  • they have dementia

You can apply when the person is not able to understand:

  • what making or changing a will means
  • how much money they have or what property they own
  • how making or changing a will might affect the people they know (either those mentioned in the will or those left out)

Someone who has lost the mental capacity to manage their finances may still have the ability to make a will. A solicitor will usually be able to tell you if they are.

How to apply

  1. Download, fill in and return the forms with details of the proposed will and supporting documents.

  2. Tell other people that you바카라 사이트™ve applied.

  3. Attend a hearing if the Court of Protection decides to hold one.

  4. Sign the will, have it witnessed and send it to the Court of Protection to have it 바카라 사이트˜sealed바카라 사이트™.

Emergency applications

You can apply to the Court of Protection for an emergency decision on a statutory will if the person you바카라 사이트™re applying for only has a short time to live.

You can get legal advice from:

  • a solicitor - you바카라 사이트™ll have to pay for this
  • organisations which give advice for free, for example

2. How to apply

Download and fill in the following forms to apply to make a will on behalf of someone, or to make changes to their existing will:

You바카라 사이트™ll also need to prove to the Court of Protection that the person is not able to make a will by themselves.

Download and fill in assessment of capacity form (COP3) - you바카라 사이트™ll need to get the person바카라 사이트™s doctor or other medical professional to fill in the relevant parts.

Send the completed forms, your supporting documents and any payment to the Court of Protection.

Court of Protection
PO Box 70185
First Avenue House
42-49 High Holborn
London
WC1A 9JA

Supporting documents

You바카라 사이트™ll need to include the following information and documents:

  • a copy of the person바카라 사이트™s current will and any amendments (바카라 사이트˜codicils바카라 사이트™)
  • a copy of the proposed new will or codicil
  • a copy of any deputyship order
  • details of the people who have agreed to deal with the will after the person바카라 사이트™s death (바카라 사이트˜executors바카라 사이트™)
  • a copy of any registered lasting power of attorney or registered enduring power of attorney
  • the person바카라 사이트™s family tree
  • reasons the person might be expected to provide for people named in the will (바카라 사이트˜beneficiaries바카라 사이트™)
  • the person바카라 사이트™s address and details about where they바카라 사이트™re living, for example care home, hospital

You must also provide:

  • details of the person바카라 사이트™s estate and assets
  • accounts showing their estimated income and outgoings
  • details of any inheritance tax payable in the event of the person바카라 사이트™s death

Acting in the other person바카라 사이트™s best interest

Decisions taken on someone바카라 사이트™s behalf must always be in their best interest. You must consider:

  • what they would do if they were able to make a will themselves
  • their beliefs and personal values
  • how they바카라 사이트™ve acted and made decisions for themselves in the past

Read the for more information and an example of a statutory will.

3. Fees

An application for a statutory will costs £421.

You may also have to pay:

  • £259 if the court decides to hold a hearing (including telephone hearings)
  • solicitor바카라 사이트™s fees if a solicitor is appointed by the Official Solicitor to act as the person바카라 사이트™s litigation friend
  • Counsel바카라 사이트™s fees (if there are any)

How to pay

Send a cheque for £421 made payable to 바카라 사이트˜HM Courts and Tribunals Service바카라 사이트™ with your completed forms and supporting documents.

You바카라 사이트™ll be told when you need to pay any additional costs, for example for court hearings.

You may be able to claim back any fees you pay from the estate of the person you바카라 사이트™re applying for.

Exemptions and refunds

You may not have to pay an application or hearing fee, depending on the circumstances of the person you바카라 사이트™re applying for, for example they:

  • have low (or no) income
  • are on certain types of benefit

Download and fill in the application for a fee remission form and send it the Court of Protection with your application forms. The form contains guidance about exemptions.

The fee will be refunded if the person dies within 5 days of the Court of Protection receiving your application.

4. After you apply

The Court of Protection will send you a letter to confirm that your application has been received.

You바카라 사이트™ll also get a stamped copy of your application form and a 바카라 사이트˜directions order바카라 사이트™ from the court telling you what to do next.

The Official Solicitor

The directions order might tell you to write to the Official Solicitor to tell them about your application. The Official Solicitor makes sure that people who cannot make decisions for themselves have someone to represent them in court cases.

Official Solicitor
Victory House
30-34 Kingsway
London
WC2B 6EX

Tell people named in your application

Your directions order will say who you must tell (바카라 사이트˜serve바카라 사이트™) about your application. This could include the person who the application is about and:

You must serve both of the following documents within 14 days of the application being issued:

You can serve them:

  • by post to their home address
  • by fax or email
  • in person

You바카라 사이트™ll be given time to reach a decision with the people you바카라 사이트™ve served. The Court of Protection may hold a hearing if you cannot.

5. Getting a decision

The Court of Protection will tell you if:

  • your application has been approved or rejected
  • you have to provide more information, for example further medical reports
  • there바카라 사이트™ll be a hearing to get more information

Court hearings

The Court of Protection will hold a hearing, or hearings, if you have not been able to reach a decision with the people you바카라 사이트™ve served.

You can also get a solicitor to represent you during the hearing.

Read the guidance on what to expect from a Court of Protection hearing.

You바카라 사이트™ll have to pay a hearing fee after the court makes their final decision.

Appeal a decision

You can ask for a decision that was made without a hearing to be reconsidered any time within 21 days of the decision being made.

To appeal a decision made at a court hearing download and fill in the Appellants Notice Form COP 35.

You must pay £265. You can apply for help paying the fee if you바카라 사이트™re getting certain benefits or on a low income.

Send the form to the Court of Protection with a cheque made payable to 바카라 사이트˜HM Courts and Tribunals Service바카라 사이트™ within 21 days of the date the decision was made.

Court of Protection
PO Box 70185
First Avenue House
42-49 High Holborn
London
WC1A 9JA

6. Finalising the will

You바카라 사이트™ll be sent a court order confirming that your application has been accepted with a letter telling you what to do next.

Sign the will

You must sign 2 copies of the will. Both copies should be signed in your name and in the name of the person the will has been made for. You must also get 2 witnesses (aged 18 or over) to sign them.

The witnesses must:

  • be with you when you sign the will
  • sign the will straight after you

Send the 2 signed copies of the statutory will to the Court of Protection.

The 2 copies will be given the court바카라 사이트™s official seal and sent back to you.

Court of Protection
PO Box 70185
First Avenue House
42-49 High Holborn
London
WC1A 9JA

When the person dies

The statutory will can be handled (바카라 사이트˜executed바카라 사이트™) in the normal way, as if the person had made the will themselves.