Mental Capacity

Testamentary capacity is the legal and mental ability required to make or alter a valid will. If the person making the will lacks testamentary capacity when they sign it, the entire will is invalid. Understanding this matters whether you're making your own will, witnessing one, or questioning whether a will should be challenged. Our comprehensive guide covers the Banks v Goodfellow test, the Golden Rule, undue influence, and why testamentary capacity assessments protect your

No one wants to challenge a loved one’s choices. But sometimes, questions need answering. And sometimes, fairness means revisiting the past quietly, respectfully, and with the right expertise. This is where a retrospective mental capacity assessment becomes so important. And in cities like London, where personal histories, large fortunes and legal complexities often overlap, they can be the missing piece needed to understand the full picture.

The decision to act as a trustee is far more cognitively demanding than the decision to retire—and assessing together isn't good

Navigating the responsibilities of a trustee can be demanding, mentally and emotionally. As trustees age or experience cognitive changes,...

Nellie Supports is proud to be the official mental capacity assessor partner of the Institute of Professional Willwriters (IPW).

There are two different reasons a mental capacity assessment can be necessary: when you have concerns about a client's capacity to make a sp

In matters of capacity, one size does not fit all. The Mental Capacity Act (2005) emphasises the importance of decision-specific...

As we navigate the complexities of life, preparing a will is a crucial step in ensuring our wishes are honoured and our loved ones are...

Understanding Testamentary Capacity in Will and Probate Disputes When contesting a will, the testamentary mental capacity of the deceased...

Introduction When it comes to creating a last will and testament, one crucial aspect that often goes overlooked is the testator's...

The law governing the capacity to sell property, the Mental Capacity Act (2005), is clear; however, a diagnosis alone is insufficient to say

A mental capacity assessor is a qualified professional in the fields of health or social care, with specialised experience in conducting

Navigating the educational landscape for a child with special educational needs can be like trying to find your way through a labyrinth....

In a world where decision-making is an integral part of our daily lives, some individuals may face challenges in understanding and making...

At some point in our lives, we may encounter situations where important decisions need to be made. However, not everyone has the same...

Dealing with the estate of a deceased loved one can be an emotionally challenging and complex process. As an executor or administrator,...

Personal injury litigation can be a complex and emotionally challenging process for individuals and their families. When seeking justice...

Introduction: In today's digital age, consent has become an integral part of our lives, from agreeing to terms and conditions online to...

Introduction As practitioners tasked with assessing an individual's capacity, we often encounter complex situations that require a...

Introduction: In the aftermath of a loved one's passing, the distribution of assets through their last will and testament can sometimes...