Testamentary Mental Capacity Assessments
Testamentary Mental Capacity Assessment
Expert Will Capacity Assessments by Qualified Social Workers
Arrange a Testamentary Capacity Assessment Today
Simply Social Work provides professional testamentary mental capacity assessments to support will writing, legal compliance, and dispute prevention.
Our assessments are conducted by experienced social workers to ensure individuals have the legal capacity to make or amend a will, with clear, robust reporting for legal use.
π Book a testamentary capacity assessment today
What Is Testamentary Mental Capacity?
Testamentary mental capacity refers to a personβs ability to make or change a valid will.
To meet the legal standard, the person (the testator) must:
- Understand they are making a will and its effects
- Understand the extent of their estate
- Recognise those who may have a claim on their estate
- Be free from delusions or disorders influencing decisions
β This legal test is known as the Banks v Goodfellow test, developed through longstanding case law.
Why Is a Testamentary Capacity Assessment Important?
A testamentary mental capacity assessment provides independent verification that a will is valid.
It is essential for:
- Protecting against future will disputes or challenges
- Supporting solicitors in meeting the βgolden ruleβ
- Providing strong legal evidence if capacity is questioned
- Ensuring vulnerable individuals are properly safeguarded
The golden rule recommends that where a person is elderly or seriously ill, a professional assessment should be obtained and recorded.
When Do You Need a Testamentary Capacity Assessment?
You should consider an assessment if:
- The testator is elderly or unwell
- There are concerns about memory or cognition
- The will may be challenged or disputed
- There are complex family dynamics
- A solicitor requires independent expert evidence
How Is Testamentary Capacity Assessed?
Unlike other decisions, testamentary capacity is assessed using common law, not solely the Mental Capacity Act.
We apply the Banks v Goodfellow test, assessing whether the individual can:
- Understand the nature and effect of making a will
- Understand their assets and estate
- Consider potential beneficiaries and competing claims
- Make decisions free from undue influence or delusion
β Our assessments are fully aligned with current legal standards and case law.
Our Testamentary Capacity Assessment Process
1. Instruction and Information Gathering
We collect key details using a structured referral form and request a copy of the draft will where available.
2. Assessment Visit
- Typically lasts 1β2 hours
- At the person's home or somewhere familiar to ensure best practice
- Conducted face-to-face by a qualified social worker
- A family member may attend, though part of the assessment is completed privately
3. Professional Report
We produce a detailed, legally robust report suitable for solicitors and court proceedings.
β In most cases, only one visit is required.
What Happens If Someone Lacks Testamentary Capacity?
If a person is found to lack capacity:
- They cannot make or amend a valid will
- Evidence from the assessment can support an application to the Court of Protection
- A statutory will may be created on their behalf
Our reports provide essential evidence to support this process.
Why Choose Simply Social Work?
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Experienced senior social workers
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Thousands of mental capacity assessments completed since 2009 γ1-c8fd06γ
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Strong understanding of legal requirements and case law
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Independent, objective and court-ready reports
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Trusted by solicitors and families across the UK
We help ensure wills are legally sound and defensible.
Timescales and Urgent Assessments
- Standard turnaround: Our usual turnaround times apply
- Urgent appointments available on request
π Contact us to discuss your timeframe requirements
Book a Testamentary Capacity Assessment
We work with:
- Solicitors and will writers
- Individuals and families
- Legal and safeguarding professionals
Contact Simply Social Work today to arrange your testamentary mental capacity assessment
Frequently Asked Questions (FAQ)
What is testamentary mental capacity?
It is the legal ability to make or change a will, based on understanding, reasoning, and freedom from undue influence.
What is the Banks v Goodfellow test?
It is the legal test used to determine testamentary capacity, ensuring the testator understands their decisions and is not influenced by delusion.
How long does the assessment take?
The assessment visit typically lasts 1β2 hours, with reporting completed afterwards.
Can the assessment be used in court?
Yes. Our reports are designed to be legally robust and court-ready.
What if the will is challenged later?
A professional capacity assessment provides strong evidence to defend the validity of the will.