Our experience and discretion can assist families with this delicate matter

If the Court of Protection rules that a person lacks capacity and is unable to make their own Will, you may need to create a Statutory Will. Creating a Statutory Will is typically in the best interests of the person involved as it will prevent the estate from being distributed as if it’s an intestacy.

Tried and tested research methods

Using our knowledge and expertise, we can reconstruct the family tree and locate the people materially affected by the Statutory Will.

We apply the relevant rules of intestacy for your jurisdiction and meticulously descend each family line to identify all of the potentially entitled kin (or to prove a negative). We will then formally contact every relevant family member to confirm their identity, no matter where they reside.

Experienced problem solvers

We can even assist when you’re presented with incomplete, misleading or no information at all. Our expert team of genealogy specialists are experienced problem solvers so we can recreate a family tree with very limited initial information. Usually, we can do this even if all you have is the person’s birth certificate. 

Discreet in our enquiries

We understand the sensitive nature of Statutory Will matters so we are discreet in our enquiries. We will only contact relevant people to have conservations about the individual’s family history. We would never indicate any likely benefit or loss of benefit.

Our reports are suitable for court submission

All our reports detail:

  • The searches we have undertaken

  • The people we have identified and their address

This means that they are suitable for court submission. If the research is inconclusive, we will recommend further steps that could be taken if feasible.

Case study: Research for a Statutory Will

We were recently approached to help a Deputy who was handling the affairs of an elderly gentleman. The Deputy planned to write a Statutory Will for the person to avoid an intestacy situation, and to remember a selection of charities that they could see he had regularly supported throughout his lifetime.

To do so, the Deputy needed to serve notice on the Person’s next of kin to inform them of their intentions and as they had no contact details for his family, we were asked to help. We reconstructed his family tree and located his seven nieces and nephews – the closest kin to him.

Our report was submitted as part of the court application and the next of kin notified. The Statutory Will was approved. Now, our client will be able to administer the estate efficiently when the time comes and distribute funds to those charities the person had connections to during his lifetime.

Other services

These other services may come in handy if you’ve come across these complications when administering an estate.

Reconstructing family trees

Reconstructing Family Trees

Is it unclear who is due to inherit under the intestacy rules? Reconstruct the family tree to ensure all entitled people are included and unentitled people are excluded.

Learn More

Document Search

Document Search

We can do all the legwork to help you obtain any missing documents, such as certificates for births, marriages, deaths and civil partnerships.

Learn More

Related content

Our expert articles can help you expand your knowledge about mental capacity and Statutory Wills.

Statutory Wills blog

Blog: Statutory Wills: A summary of the law and practice

In this expert guest article, Senior Associate Solicitor, Holly Mieville-Hawkins, provides a summary of the Statutory Wills law and practice.

Learn More

Mental capacity and the individual

Blog: Mental capacity and the individual

This blog post looks at the impact of the Mental Capacity Act 2005 on the lives of those whose capacity is impaired – through illness or injury.

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