2. 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’ll also need to prove to the Court of Protection that the person isn’t able to make a will by themselves.
Download and fill in assessment of capacity form (COP3) - you’ll need to get the person’s doctor or other medical professional to fill in the relevant parts.
Send the completed forms, your supporting documents and payment to the Court of Protection.
Court of Protection
PO Box 70185
First Avenue House
42-49 High Holborn
You’ll need to include the following information and documents:
- a copy of the person’s current will and any amendments (‘codicils’)
- 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’s death (‘executors’)
- a copy of any registered lasting power of attorney or registered enduring power of attorney
- the person’s family tree
- reasons the person might be expected to provide for people named in the will (‘beneficiaries’)
- the person’s address and details about where they’re living, eg care home, hospital
You must also provide:
- details of the person’s estate and assets
- accounts showing their estimated income and outgoings
- details of any inheritance tax payable in the event of the person’s death
Acting in the other person’s best interest
Decisions taken on someone’s 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’ve acted and made decisions for themselves in the past
Read the Court of Protection practice direction (9F) for more information and an example of a statutory will.