Back to Capacity
Testamentary Capacity
A testamentary capacity assessment evaluates an individual’s mental ability to make or alter a valid Will. These reports provide the expert clinical evidence required to ensure a Will is legally robust and to protect against future probate litigation or claims of lack of capacity.
Overview
When this report is required
- To assess an elderly or ill testator at the time of Will execution
- To defend against claims of lack of capacity in contested probate and legacy disputes
- To provide evidence of capacity when a Will significantly departs from previous intentions
- To evaluate the impact of cognitive decline, dementia, or brain injury on testamentary intent
What the expert assesses
- Understanding the nature and effect of making a Will
- Knowledge of the extent of the estate and property
- Absence of “disorder of the mind” or delusions affecting the Will
- Appreciation of potential beneficiaries and moral claims
- Susceptibility to undue influence or coercion
Report specification
| Element | Detail |
|---|---|
| Assessment Setting | Home Visit, Hospital, Care Home, Remote |
| Court Acceptance | Chancery Division, Family Court, Probate Registry |
| Compliance | CPR Part 35, Banks v Goodfellow Criteria |
CPR Part 35 Compliant
Digital Delivery
Urgent Instructions
Specialist expertise
Old Age Psychiatrists
Neuropsychologists
Consultant Physicians
While these are the primary specialists engaged for this instruction type, please note that every case turns on
its own facts. Complex or multi-disciplinary cases may require a bespoke team of experts. Our case managers will
review your specific instruction to ensure the correct clinical match.