When it comes to creating or amending a will, testamentary capacity is a crucial factor to consider. Testamentary capacity refers to an individual's mental capacity to make or alter a will. At Nellie Supports, our expert mental capacity assessors conduct specific mental capacity assessments in line with the principles of the Mental Capacity Act (2005) and the well-established case law, Banks v Goodfellow (1870).
The Law and Testamentary Mental Capacity
The test for testamentary mental capacity, as established in the case of Banks v Goodfellow, forms the legal precedent applied in the United Kingdom and Northern Ireland when assessing an individual's capacity to write a will. According to this judgement, the validity of a will is unaffected by partial mental unsoundness, as long as the testator understood the nature and extent of their property and comprehended the claims of those who deserved benefit when the will was created and executed.
The court outlined key criteria for testamentary capacity:
Understanding the Nature and Effects of Making a Will: The testator must comprehend the significance and consequences of creating a will.
Understanding the Extent of the Property Involved: The testator should be aware of the assets they possess and intend to include in the will.
Appreciating the Claims Involved: The testator must understand the potential beneficiaries and their rights.
Absence of Mental Disorders or Delusions: The testator's mind should not be influenced by any mental disorders or delusions that impair their judgment.
What to Expect in a Testamentary Mental Capacity Assessment
Our testamentary capacity assessments are conducted with utmost care and professionalism. They usually take around an hour, and our friendly, experienced social workers ensure a comfortable and relaxed experience for the individual being assessed. As accredited expert mental capacity assessors, you can trust that your assessment will be thorough and accurate.
Comprehensive Assessment and Reports
Our testamentary capacity assessment includes face-to-face or video link evaluations, along with a detailed report that can be kept alongside the will. In certain cases, our Social Workers may also complete additional assessments, such as a Montreal Cognitive Assessment and a Financial Decision Tracker, to enhance the strength and credibility of the report, all at no extra cost.
We Can Act as Witnesses
If the testamentary capacity assessment takes place face-to-face and the will is available on the day, our Social Workers are more than happy to witness the will being signed at no additional charge.
Who Can Complete a Testamentary Mental Capacity Assessment?
In complex or major decisions like testamentary capacity assessments, it is recommended to seek a professional opinion. The assessor must be an impartial, qualified professional, such as a doctor, nurse, or social worker. At Nellie Supports, all our Social Workers are registered with Social Work England and possess the necessary expertise to conduct testamentary mental capacity assessments with precision and care.
Conclusion
Ensuring testamentary mental capacity is crucial when creating or amending a will. Our expert mental capacity assessors at Nellie Supports adhere to the guidelines set by Banks v Goodfellow (1870) and the Mental Capacity Act (2005) to conduct thorough assessments. With our comprehensive evaluation and detailed reports, you can make informed decisions about your will, knowing that your testamentary capacity has been assessed accurately and professionally. Trust Nellie Supports for guidance in testamentary mental capacity assessments and ensure your will reflects your wishes and protects your loved ones.