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: Court of Protection guidance on best interests, capacity, procedure, evidence, execution, urgent applications and alternatives (England and Wales)

Published by a LexisNexis Private Client expert

Practice notes

What is a Statutory will?

Where an individual is unable to make a valid Will for themselves, the Court of Protection, acting under the Mental Capacity Act 2005 (MCA 2005), can authorise a Will to be executed on their behalf. These Wills are commonly described as statutory Wills, even though that expression does not appear in the MCA 2005. A statutory Will may include any provisions that could have been contained in a Will executed by P if they had the capacity to do so personally.

The Court of Protection may only direct the Execution of a statutory Will for a person who is aged 18 or over and who lacks Testamentary capacity. For guidance on testamentary capacity, see Practice Note: Capacity to make or revoke a Will. The court alone has the authority to execute a Will on behalf of P. Consequently, a person cannot transfer the power to make their Will to an attorney, and a Deputy likewise cannot determine the terms of a Will or execute it for P...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Web page updated on 21/05/2026

Popular documents

Using the Judicial College Guidelines to assess general damages in personal injury claims

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Tomlin orders in England and Wales: CPR guidance on drafting, confidentiality, approval, variation, enforcement, limitation, CCA issues, court-specific requirements, sample wording and precedents

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Precedent: Deed of Surrender of Lease with Optional Premium, Settlement and Release, Landlord, Mortgagee and Guarantor Consents, Reimbursement and HM Land Registry Provisions (England and Wales)

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Precedent Statutory Declaration: Standard Wording under the Statutory Declarations Act 1835

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...