Capacity to Marry


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.


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.


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.


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. 


Need help now?
Contact a member of our team