Applications for statutory wills, gifts, settlements and other dealings with a protected person's property (COP GN8)
Updated 11 August 2023
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This publication is available at https://www.gov.uk/government/publications/dealing-with-a-protected-persons-property-wills-gifts-settlements-cop-gn8/applications-for-statutory-wills-gifts-settlements-and-other-dealings-with-a-protected-persons-property-cop-gn8
1. How to apply
You must complete and sign the following forms:
You must also provide all of the additional information listed in COP1C and Practice Direction 9E.
Any application for a statutory will, codicil (an official minor change to a will), gift, or other settlement or property must be free standing and separate from, for example, an application for the appointment of a deputy.
Evidence of capacity must relate to the decision in question (for example, the capacity to make a will or make a gift). It will not usually be acceptable to rely on evidence submitted with an earlier application to the court.
Information in this guidance is believed to be correct at the time of publication; however, we do not accept any liability for any error it may contain.
2. Costs
Usually the costs in proceedings for applications relating to property and affairs (such as applications for statutory wills, gifts and settlements) are paid out of the estate of the person who lacks capacity. However, the court may make an order that someone else should pay.
In most cases, the court will join the person who lacks capacity as a party to the proceedings and will invite the Official Solicitor to act as the litigation friend.
Costs will include the cost of the Official Solicitor, who can provide details of their charges once they have accepted appointment as litigation friend.
The Official Solicitor recommends making early contact with their office to discuss the application.
3. Court fees
An application fee is payable when you make an application. Cheques must be made payable to HM Courts and Tribunals Service (HMCTS).
Find out more in the guidance for applying for help with Court of Protection fees.
4. If you need legal advice
Court of Protection staff cannot give legal advice. If you need legal advice, please contact a solicitor or your local Citizens Advice.
5. If you need more information about how to apply
Find out more about completing your application in the guidance available from the Court of Protection.
Find out more about completing your application in the guidance for applications relating to statutory wills, codicils, settlements and other dealings with a protected person’s property.
The Office of the Public Guardian (OPG) also publishes a helpful guide for deputies about making gifts. For access to this guide, contact the OPG on 0300 456 0300.