Make a statutory will on behalf of someone else

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How to apply

Download and fill in the following forms to apply to make a will on behalf of someone, or to make changes to their existing will:

You鈥檒l also need to prove to the Court of Protection that the person is not able to make a will by themselves.

Download and fill in assessment of capacity form (COP3) - you鈥檒l need to get the person鈥檚 doctor or other medical professional to fill in the relevant parts.

Send the completed forms, your supporting documents and any payment to the Court of Protection.

Court of Protection
PO Box 70185
First Avenue House
42-49 High Holborn
London
WC1A 9JA

Supporting documents

You鈥檒l need to include the following information and documents:

  • a copy of the person鈥檚 current will and any amendments (鈥榗odicils鈥�)
  • a copy of the proposed new will or codicil
  • a copy of any deputyship order
  • details of the people who have agreed to deal with the will after the person鈥檚 death (鈥榚xecutors鈥�)
  • a copy of any registered lasting power of attorney or registered enduring power of attorney
  • the person鈥檚 family tree
  • reasons the person might be expected to provide for people named in the will (鈥榖eneficiaries鈥�)
  • the person鈥檚 address and details about where they鈥檙e living, for example care home, hospital

You must also provide:

  • details of the person鈥檚 estate and assets
  • accounts showing their estimated income and outgoings
  • details of any inheritance tax payable in the event of the person鈥檚 death

Acting in the other person鈥檚 best interest

Decisions taken on someone鈥檚 behalf must always be in their best interest. You must consider:

  • what they would do if they were able to make a will themselves
  • their beliefs and personal values
  • how they鈥檝e acted and made decisions for themselves in the past

Read the for more information and an example of a statutory will.