Who needs to be involved in 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, examines the procedural requirements for involving the right people in a statutory will application. With professional insight from Kathleen Bennet, solicitor in the firm’s London Court of Protection team, this blog outlines who must be notified, how vulnerable individuals are represented and the safeguards available when sensitive information is shared with respondents.

Identifying the respondents

When a statutory will application is prepared, a wide group of people may need to be named as respondents. The starting point includes anyone who is a beneficiary under an existing will or codicil. The application must also identify those who would benefit if the individual were to die intestate. This ensures that anyone with a potential claim on the estate is informed and has the opportunity to participate in the process.

In addition, anyone who is proposed to benefit under the new statutory will must also be named as a respondent. For some estates, this can create quite a broad pool of individuals, particularly where there are extended family members, estranged relatives or new beneficiaries who have not previously appeared in earlier testamentary documents.

Representation for children or adults who lack capacity

If a proposed beneficiary is a child or lacks capacity themselves, they cannot participate directly in the proceedings. In these situations, it is important for the applicant to request that the Court appoint a litigation friend for them at the outset. This prevents delays later in the process and ensures that each vulnerable or legally incapable respondent has someone appointed to act in their best interests.

The same principle applies to the person at the centre of the proceedings. In statutory will applications, it is common for the Official Solicitor to be appointed as the litigation friend for the individual for whom the will is being made.

Handling sensitive personal information

Statutory will applications often contain highly personal details about the individual’s circumstances, including their financial position, relationships, wishes and feelings, medical prognosis and life expectancy. Because these matters can be private and sometimes sensitive, applicants often have concerns about what respondents may see.

Where a charity has been named as a beneficiary in an existing will or the proposed statutory will, the charity must still be listed as a respondent. Furthermore, there may be a case in which there is significant family conflict or where involving a particular respondent may place the individual at risk. For example, where a parent has been abusive or estranged from a young adult who lacks capacity, the applicant may feel uncomfortable notifying that parent of the proceedings.  In these circumstances, the applicant can request permission from the Court to redact sensitive information before notifying the respondent. This ensures the respondent is properly informed while protecting personal details that are not necessary for them to review. The Court will balance procedural fairness with the need to safeguard the individual.

Ensuring a fair and transparent process

Statutory will applications inevitably involve a range of interested parties. By identifying all current and potential beneficiaries, arranging appropriate representation for respondents who are children or who lack capacity and considering the redaction of sensitive information where necessary, applicants can help the Court carry out a balanced best interests assessment while maintaining appropriate safeguards for the individual.

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