Preparing a statutory will application

As part of the series ‘Statutory wills and recent updates‘, Holly Miéville-Hawkins, Partner in the Court of Protection team at Anthony Gold, provides guidance on the procedural steps involved in making a statutory will application. Drawing on insights from Kathleen Bennet, solicitor in the London team, this blog outlines the key forms, documents and supporting information needed when preparing an application for the Court of Protection.

The essential capacity assessment 

Before any statutory will application can begin, the most important document to secure is the COP3 capacity assessment report. This assessment must focus specifically on testamentary capacity, and it is usually carried out by an appropriate medical or allied health professional. The completed COP3 form sets the foundation for the entire application, as the Court cannot consider a statutory will without clear evidence of the individual’s capacity. 

Alongside the capacity assessment, it can be helpful to ask the assessor to comment on the person’s general medical prognosis, including life expectancy, as this information may later assist the Court in determining the most appropriate terms of the will. 

The core application forms 

Once the COP3 is completed, the formal application process involves three main forms: 

• COP1: This is the standard application form used for all Court of Protection matters. It identifies the parties involved and sets out what order the applicant is seeking. 
• COP1A: This form provides a detailed overview of the individual’s financial circumstances. It includes information about assets, income, property, liabilities and any other relevant resources. Because statutory wills determine how a person’s estate will be distributed, an accurate and complete financial picture is essential. 
• COP1C: This acts as a checklist to ensure all necessary information and documentation has been supplied. It helps the applicant confirm that each required supporting document, statement or attachment is included before the application is submitted. 

The witness statement and supporting documents 

The final key document is the COP24 witness statement. This statement explains the background to the application, the reasons why a statutory will is being sought and the details of the proposed will. It should include: 

• An explanation of why a new will is required 
• A description of the proposed terms 
• Information about who is intended to benefit 
• Any existing wills or codicils 
• A draft of the proposed statutory will or codicil 
• Financial information relevant to the estate 
• A clear family tree showing all potential beneficiaries 
• Inheritance tax calculations, if available 
• Any other evidence that helps the Court evaluate best interests 

Because the Court of Protection must decide whether the proposed will is in the individual’s best interests, the more comprehensive the witness statement and supporting documents are, the easier it will be for the Court to weigh the options before it. 

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