Statutory Will Applications
Specialist psychiatric evaluation for Statutory Will Applications, providing definitive evidence on testamentary capacity and best interests under the MCA 2005. Our Section 12 approved experts prioritise urgent reports for the Court of Protection.
Expert Type
- Forensic Psychiatrist
- Old Age Psychiatrist
- Consultant Psychiatrist
- Neuropsychologist
Applicable Law
- Mental Capacity Act 2005
- Court of Protection Rules 2017
- The Wills Act 1837
- Practice Direction 9E
- Banks v Goodfellow (1870)
When Needed
This assessment may be required where a person is considered to lack the mental capacity to execute a will, necessitating a Court of Protection order to create or amend a will on their behalf.
What Is a Statutory Will Application Assessment?
A Statutory Will Applications assessment is a clinical and legal evaluation used to provide an opinion on whether an individual (P) possesses the requisite mental capacity to make or change a will. When a person is deemed to lack capacity, an application is made to the Court of Protection to approve a “statutory will” that is legally binding, ensuring their estate is managed according to the best interests principle.
The assessment is governed by the Mental Capacity Act 2005, requiring an expert to determine whether P can understand, retain, use or weigh relevant information relevant to their estate. The expert psychiatrist must explore P’s past and present wishes, feelings, and values to assist the court in substituted decision-making.
- Impairment of mind — identifying the specific clinical condition affecting the brain
- Understanding assets — capacity to comprehend the extent of the property and assets involved
- Beneficiary awareness — ability to appreciate the claims of those who might expect to inherit
- Functional test — assessing the ability to understand, retain, and weigh testamentary information
- Causative link — confirming that the lack of capacity is a direct result of the clinical impairment
- Best interests factors — evaluating P’s likely wishes and the impact of the proposed will on their welfare
The resulting report compliant with CPR Part 35 (where applicable) may be relied upon as primary expert evidence for the Court of Protection, often instructed by solicitors or the Official Solicitor. It provides a rigorous analysis of the functional and diagnostic elements of capacity to ensure the legal process is robust and human rights compliant.
Our experts provide an independent opinion on capacity, addressing both the statutory criteria and the common law tests where relevant. This ensures that the statutory will is a fair reflection of what the individual would have wanted, had they retained the capacity to decide.
Key Assessment Components
Our assessment evaluates the following areas:
Document Review
A comprehensive analysis of medical records, social care files, and any previous testamentary documents or letters of intent.
Clinical Interview
A direct examination of the individual to assess cognitive functioning and their current understanding of their estate and family ties.
MCA Functional Test
A rigorous application of the statutory test under sections 2 and 3 of the Mental Capacity Act 2005to determine if the person can process information relevant to making a will.
Best Interests Evidence
Gathering evidence regarding the individual’s wishes and feelings, including historical beliefs and values that would influence their decisions.
Third-Party Consultation
Interviews with family members, carers, or legal deputies to gain a holistic view of the person’s circumstances and prior intentions.
Forensic Reporting
Production of a detailed report suitable for court proceedings that addresses all legal requirements for a Statutory Will application.
Conditions That May Affect This Assessment
A range of psychiatric and psychological conditions can affect this assessment. These include:
Our experts are skilled at assessing capacity in patients with fluctuating capacity, ensuring the report reflects the individual’s clinical presentation at the material time.
Assessment Process
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Instruction Received
We receive formal instructions from solicitors, including relevant background and medical history.
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Expert Matched
We assign a Section 12 approved psychiatrist with specific expertise in Court of Protection matters.
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Assessment Conducted
The expert performs a clinical interview and a thorough capacity assessment, often at the client’s residence.
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Report Delivered
A comprehensive report compliant with CPR Part 35 (where applicable) is delivered within the agreed timeframe.
Turnaround Times
| Urgency Level | Timescale |
|---|---|
| Standard Report | 4-6 weeks from assessment |
| Priority Report | 1-2 weeks |
| Urgent Report | 1-4 days |
What’s Included in the Report
All reports are prepared by experienced expert witnesses and comply with the applicable Court of Protection Rules 2017.
Frequently Asked Questions
Need a Statutory Will Applications Report?
Contact us today for a specialist assessment. We provide expert CVs and transparent fixed-fee quotes within 60 minutes of your inquiry.
Related Mental Capacity & Court of Protection Services
Expert assessments for individuals making a will to prevent future probate disputes.
Comprehensive capacity evaluations for a wide range of COP proceedings.
Medical certificates required for the appointment of property and affairs deputies.
Clinical evaluations to determine the most appropriate course of action for those lacking capacity.
Assessments to determine if an individual has the capacity to make significant financial gifts.
Forensic retrospective reports on capacity for cases where a will is being challenged after death.
