Statutory Will Applications in the Court of Protection - A 1 Hour Introductory Guide

Introduction

Private client and Court of Protection practitioners must be mindful of the need to consider their client’s testamentary wishes and provisions, particularly where they are acting as a professional deputy or attorney, or where they are aware of a change in the client’s circumstances.

This may include where a property subject to a specific legacy has been sold, where there is no one willing, able or appropriate to (continue to) act as an executor or trustee or where a beneficiary has died.

Rules 3.4 and 4.2 of the SRA’s Code of Conduct for Solicitors (as supported by other professional guidance and case law) make it clear that practitioners must consider and take account of a client’s attributes, needs and circumstances, and failure to consider the need for a statutory will, and advising accordingly, may have negative consequences for the practitioner and their firm.

This webinar will introduce statutory will applications in the Court of Protection.

It is suitable for private client practitioners and personal injury/clinical negligence practitioners who wish to develop their knowledge.

The webinar will cover the statutory framework relating to statutory wills and procedural requirements under the Mental Capacity Act 2005 and accompanying Code of Practice, Court of Protection Rules 2017, practice directions and case law.

What You Will Learn

This webinar will cover the following:

• The statutory framework in relation to statutory wills
• Relevant case law including how it has developed over the 20 years since the Mental Capacity Act was passed
• The saving provisions of section 18 and paragraph 8 of Schedule 2 Mental Capacity Act 2005
• When a statutory will is required
• Alternatives to statutory wills
• How to make a statutory will application
• The role of the litigation friend
• Objections to statutory will applications

This pre-recorded webinar will be available to view from Friday 17th October 2025

Alternatively, you can gain access to this webinar and 1,700+ others via the MBL Webinar Subscription. Please email webinarsubscription@mblseminars.com for more details.