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Testamentary Capacity Assessments

Independent Mental Capacity Assessments for making a will

I provide clear, straightforward assessments to help determine whether someone has the mental capacity to make a will. As an experienced Registered Nurse specialising in mental capacity, I carry out calm, respectful assessments in the person’s home and provide a clear written report that explains my findings in plain English.
 

These assessments are often requested by solicitors or families when there are concerns about memory, decision‑making, or vulnerability, or when a will may later be questioned or challenged.

What Is  Testamentary Capacity

To make a valid will, a person must be able to:

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  • Understand what a will is and what it does

  • Understand what they own

  • Understand who might expect to inherit from them

  • Make decisions freely, without pressure or influence

 

This follows the long‑established Banks v Goodfellow criteria, which remain the legal standard for assessing capacity to make a will.

 

During the assessment, I explore each of these areas gently and clearly, using questions and explanations suited to the person’s needs.

When a Testamenatary Capacity Assessment Is Needed

A capacity assessment may be needed when:

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  • There are concerns about memory loss, confusion, or decision‑making

  • A solicitor requires independent evidence before drafting a will

  • A person has dementia, a brain injury, learning disabilities, or other cognitive difficulties

  • There is a risk of disagreement or challenge from family members

  • Someone wants reassurance that the will reflects the person’s true wishes

 

A clear assessment can help prevent future disputes and give everyone confidence in the process.

The Golden Rule

Many solicitors follow the “Golden Rule”, which recommends getting an independent capacity assessment when someone is older, unwell, or there may be concerns about their memory or decision‑making.

 

This helps protect the person’s wishes and reduces the risk of the will being challenged later.

 

Including a professional capacity assessment is often seen as good practice and can provide valuable reassurance for everyone involved.

How I Work

Calm and Person‑Centred

I take time to help the person feel comfortable and supported, working at their pace.

 

Clear, Easy‑to‑Understand Reports

My reports explain the assessment and findings in plain English and are suitable for solicitors and legal use.

 

Respectful and Patient

I understand that assessments can feel overwhelming, and I approach each person with kindness and sensitivity.

 

Flexible Appointments

Home visits can be arranged during the day, evenings, or weekends.

 

Clear Fees

You will always know the cost before any work begins.

Family with Autistic children

What to Expect

1. Initial Conversation

A short discussion to understand your situation and confirm whether a testamentary capacity assessment is needed.

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2. Home Visit

I visit the person in their own environment to complete the assessment in a calm and supportive way.

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3. Review of Relevant Information

This may include background details, medical information, or input from family or professionals.

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4. Written COP3 Report

You receive a clear, structured report that explains the person’s ability to make a will and the reasons for my conclusion.

Fees

My fees are clear and based on the type of assessment needed.

A full quote is provided before any appointment is arranged.

 Get in Touch

If you need a testamentary capacity assessment or would like to talk through your situation, please contact me for an initial conversation. I’m here to help guide you through the process with clarity and confidence.

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