Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Statutory will definition

What does Statutory will mean? A court-approved will made on behalf of a person who lacks testamentary capacity, used to determine the person’s testamentary wishes where they cannot validly make a will themselves. In England and Wales, a statutory will is authorised by the Court of Protection under the Mental Capacity Act 2005. The court will grant permission to apply (unless exempt), require medical evidence of lack of capacity, and decide in P’s best interests (considering P’s past and present wishes, family and dependants, tax efficiency and fairness). The order directs execution and the will then stands as P’s will, replacing any prior will or the...

Statutory wills and codicils in England and Wales: Court of Protection jurisdiction, best interests, execution/sealing, challenges, negligence exposure, and ademption

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Practice notes

Only the Court of Protection is empowered to arrange the execution of a Will or codicil for a person who lacks capacity. An individual cannot hand over the authority to make their Will to an attorney, and a deputy likewise has no power to settle the terms of a Will or to sign it for their protected person (P). Any Will executed on the strength of an order of the Court of Protection takes effect exactly as if P had signed it personally, and the formal execution requirements in section 9 of the Wills Act 1837 (WA 1837) do not apply. The Court of Protection’s authority ends on P’s death.

Statutory Wills

Under the Mental Capacity Act 2005 (MCA 2005), someone who lacks the mental capacity to make a valid Will or codicil ought, as nearly as possible, to be placed in the same position as a person with full capacity. The procedure enabling an authorised person to execute a Will or codicil for an incapacitated person is set out in Part 9 of the Court of Protection rules 2017 (COPR 2017). For practical guidance, see Practice Note: Statutory Wills—Court of Protection applications. The Court of Protection The Court of...

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Web page updated on 12/06/2026

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