Capacity to Make a Life Time Gift

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What does the law say?

The High Court defines the test to establish mental capacity to make lifetime gifts as the common law test, applying the principles set out in Re Beaney (1978) 1 WLR 770, rather than those set out in the Mental Capacity Act (2005). As experienced mental capacity assessors, we apply this case law throughout our assessment to make sure we gain the relevant evidence.

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What to expect

The test defines whether an individual is capable of understanding the effect of making a lifetime gift, if the consequences had been fully explained to them. Depending on the specific gift in question, this could include your capacity to understand:

 

  • The nature of the gift you’re making

  • The value of your gift

  • Why you’re making it

  • The implications of making it

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Financial Decision Tracker

  • Not only does our assessment include a report evidencing your capacity but where appropriate we also include a financial decision tracker at no additional cost. 

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Montreal Cognitive Assessment

The Montreal Cognitive Assessment (MoCA) is a brief, 30-question test that helps healthcare professionals detect cognitive impairments early on. ​

The MoCA can be beneficial in situations such as testamentary capacity where a client's will is likely to be contested, the MoCA can provide evidence, on the day, that there was no identifiable impairment of the mind or brain. 

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Contact a member of our team