Statutory Wills

A statutory will is a will authorised by a court on behalf of a person who lacks the legal capacity to make or amend a will themselves. These applications are uncommon and subject to strict legal requirements, with the court’s primary focus being whether the proposed will is reasonable and reflects what the person would likely have intended.

​

Crownmark Lawyers provides advice on statutory will applications, assisting families, carers, and interested parties to assess whether such an application is appropriate and likely to succeed. Our approach is careful and evidence-driven, recognising the sensitivity and complexity of these matters.

​

Statutory will applications typically require detailed evidence regarding the person’s circumstances, relationships, assets, and likely testamentary intentions. We advise on the legal thresholds, procedural steps, and risks involved, and we assist with preparing applications and supporting material for the court.

​

Where disputes exist or objections are anticipated, we provide strategic advice on managing the process and responding appropriately. In suitable matters, advice may be provided on a staged or agreed fee basis through Crownmark Assured Pricing (CAP), offering clarity around scope and costs before proceedings commence.

​

Our services include:

• Advice on whether a statutory will application is appropriate

• Assessment of legal and evidentiary requirements

• Preparation and filing of statutory will applications

• Guidance on managing objections or competing interests

• Strategic advice throughout the court process