There are a few steps in making an application to the Court of Protection for a statutory will.
You will need to download and fill the following forms to apply to make a statutory will on behalf of someone, or make changes to their existing will:
Along with these forms, you will need to fill in an assessment of capacity form (COP3). This form is important as it provides evidence that the person in question lacks 'mental capacity'.
Once the main documents have been completed, you will need to include supporting documents and information relating to the application. Some information that will need to be included are:
- a copy of the person's current will and any amendments, such as codicils
- a copy of the proposed new will or codicil
- a copy of any deputyship order
- details of any executors
- details of the person's family tree, including details of the name and date of birth of each person
- any copies of any registered Lasting Power of Attorneys
- a schedule detailing all of the person's assets, income and spending
- a statement showing the person's needs (current and future estimates)
- relevant details of any fee-paying accommodation, such as care homes or National Health Service accommodation
- details of any capital gains tax, inheritance tax or income tax which may be chargeable in respect of the proposed new will or codicil
- confirmation that the person is a resident of England and Wales
- an up-to-date report of the person's present medical condition, life expectancy, likelihood or required expenditure and testamentary capacity
- an explanation as to why the applicant considers the proposed statutory will to be in the person's best interests
After the application
The Court of Protection will then send you a letter to confirm that the application has been received and a stamped copy of the application form. You will also receive a 'directions order' from the court which will set out what you should do next. The order might tell you to write to the Official Solicitor to tell them about your application. The Official Solicitor is a person appointed by the court to ensure that vulnerable people who can't make decisions for themselves, have someone to represent them.
The 'directions order' will also state who you must serve your application on. This may include anyone named in an existing will who would be affected by the change, the Official Solicitor and family members who would expect to benefit from any inheritance. You must serve a 'notice that an application form has been issued (COP15)' and an 'acknowledgement of service form (COP5)'. These documents can be served by post, by fax or email or in person.