Capacity to Marry

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Why is an assessment necessary?

Entering into a civil partnership or marriage is an important step. That’s why we’re here to support you to make your own decision with a fast, professional assessment. Our bespoke assessment is fully compliant with the Mental Capacity Act (2005) and relevant case law (Southwark v KA 2016) and includes a Montreal Cognitive Assessment (MoCA) at no extra charge.

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What the law says

The test for testamentary capacity is based in case law and includes:

 

  • Understanding the nature of making a will and its effects.

  • Understanding the extent of the property involved.

  • Being able to comprehend and appreciate the claims involved.

  • Having no disorder of the mind that perverts your sense of right, or prevents you exercising your natural faculties when it comes to making or amending your will.

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What to Expect?

Our assessments usually take around an hour and our friendly, experienced social workers do their best to make sure it’s a comfortable and relaxed experience. We’re accredited expert mental capacity assessors, so you’re in good hands.

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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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Need help now?
Contact a member of our team