1. Overview

Apply to the Court of Protection if you want to make (or change) a will on behalf of someone who can’t do it themselves.

This may be because, for example:

  • they’ve had a serious brain injury or illness
  • they have dementia

You can apply when the person isn’t able to understand:

  • what making or changing a will means
  • how much money they have or what property they own
  • how making or changing a will might affect the people they know (either those mentioned in the will or those left out)

Someone who has lost the mental capacity to manage their finances may still have the ability to make a will. A solicitor will usually be able to tell you if they are.

How to apply

  1. Download, fill in and return the forms with details of the proposed will and supporting documents.

  2. Tell other people that you’ve applied.

  3. Attend a hearing if the Court of Protection decides to hold one.

  4. Sign the will, have it witnessed and send it to the Court of Protection to have it ‘sealed’.

Emergency applications

You can apply to the Court of Protection for an emergency decision on a statutory will if the person you’re applying for only has a short time to live.

Get legal advice

You can get legal advice from: