Fairness & the right to exclude

• Draws points to note from Fairweather v AG, a Court of Protection case concerning a statutory will application.
• Notes that excluding someone from a statutory will application is rare, requires cogent evidence and is dependent on procedural fairness rather than the best interests of the person lacking mental capacity.

The Court of Protection’s decision in Fairweather v AG and another [2026] EWCOP 24 deals with a sensitive but increasingly common question: can someone be excluded from knowing about a statutory will application where there are concerns for safety or harm?

It is an issue that sits at the intersection of family conflict, personal safety, and fundamental legal fairness. This case provides important clarification on when the court may dispense with notifying or serving an interested party, particularly in situations involving estrangement, risk, or difficult family dynamics.

What is a statutory will?

To understand the case, it helps to start with the basics. A statutory