Statutory Wills: Doing the right thing under the Mental Capacity Act 2005

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Colleges, School and Institutes


Statutory wills are made under the Mental Capacity Act 2005 (MCA) for persons who lack testamentary capacity. Mental health practitioners are likely to be familiar with many of the provisions of the MCA and the test for testamentary capacity. However, may not have encountered statutory wills.

This article explains the procedure for applying for a statutory will, including the role of medical practitioners. Salient legal cases are summarised to highlight the difficulties in applying a best interests framework for decision-making in the context of statutory wills. Finally, this article considers how the United Nations Convention on the Rights of Persons with Disabilities might impact not only on statutory wills, but the wider provisions of the MCA.


Original languageEnglish
Pages (from-to)54-62
JournalBJ Psych Advances
Issue number1
Publication statusPublished - 4 Jan 2017