£600 + VAT
Standard fee, stated before instruction
5 working days
Typical turnaround
England and Wales
Nationwide coverage
Decision-specific
Assessed to the right standard
Nellie Supports is England and Wales' largest identified specialist private social work and mental capacity assessment practice, delivered by a permanent full-time team. Services are provided by employed, multidisciplinary professionals, not an ad hoc associate, contractor or referral-panel model. We have completed over 11,000 formal assessments and reports. This service sits alongside our full range of mental capacity assessment services.
When you may need this assessment
The person must be able to understand the nature and effect of giving the asset or money away.
The written report provides structured evidence about capacity for the proposed gift.
The legal test for Lifetime Gifts capacity
A Lifetime Gifts capacity assessment applies the Mental Capacity Act 2005 to the specific decision. The question is whether, at the time the decision needs to be made, the person can:
Understand the information relevant to the decision about Lifetime Gifts
Retain that information long enough to make the decision
Use or weigh that information as part of making the decision
Communicate their decision by any means
A person’s ability to make a lifetime gift cannot be assumed from their general ability or inability to manage finances.
Framework: Mental Capacity Act 2005 ss 1 to 3 and the Code of Practice; Re Beaney [1978] 1 WLR 770 on the degree of understanding required for a gift.
For more, read our guide: Mental Capacity Act 2005 Key Principles Explained.
Our assessment process
Initial enquiry and triage
Contact us by phone, email or website form. We gather the key details, explain how the assessment works, and confirm the specific decision to be assessed.
Quotation and booking
Once we understand the scope, we provide a clear quotation including VAT and any applicable travel costs, and arrange an appointment as quickly as possible.
Assessment appointment
A qualified assessor meets the person face to face, or remotely where appropriate, and carries out a decision-specific capacity assessment.
Report preparation and peer review
The findings are written up in a clear, structured report and reviewed by a second qualified professional for quality, consistency and legal robustness.
Secure delivery
Your completed report is delivered securely, usually within your stated turnaround period, with reasonable minor amendments or clarification available after delivery.
What the assessor evaluates
A well-reasoned assessment explains how the conclusion has been reached, rather than simply stating an outcome, tied to the actual decision in issue.
The specific decision being assessed
Whether the person was given the relevant information in a way they can understand
Whether they understand the information relevant to the decision
Whether they can retain that information long enough to decide
Whether they can use or weigh the relevant information
Whether they can communicate their decision by any means
Whether any inability is because of an impairment or disturbance of the mind or brain
The support provided, the person's views, and the reasoning behind the conclusion
Fees and timescales
£600 + VAT
Standard fee. VAT at 20% and travel costs are not included. Enhanced assessment from £3,500 + VAT.
Decision-specific gift assessment
Re Beaney-informed analysis
Mental Capacity Act framework
Financial and welfare consequences
Safeguarding and influence concerns
Written capacity report
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Standard or Enhanced, which does your case need?
A standard assessment is right for most cases where the decision is clear and undisputed. Where the case is complex or contested, an enhanced assessment provides a deeper, more defensible evidential foundation.
Standard Assessment
£600 + VAT
- Decision-specific assessment of the exact decision
- Completed in line with the Mental Capacity Act 2005
- MoCA where appropriate
- Court-ready report
For most cases where the decision is clear and undisputed.
Enhanced Assessment
£3,500 + VAT
- Extended, multi-layered assessment
- Structured analysis of vulnerability and undue influence
- Broader evidential framework for likely challenge
- Robust reporting where the decision may be disputed
For complex or contested cases.
A full-time, multidisciplinary team
Nellie Supports is built on an employed, permanent team: registered social workers, a Chartered Psychologist and specialist assessors working together to one standard, with every report peer reviewed by a second qualified professional. Your assessment is never passed to an associate bank or referral panel.
The right professional for the decision
Capacity questions range from care and residence to complex cognition and prognosis. A multidisciplinary team means the discipline is matched to the decision, not to whoever is available.
One consistent standard
The team works together full time, so every assessment follows the same methodology and peer review is built into every report rather than bolted on.
Accountability you can name
Your report is signed by an employed professional who answers for their work, and the practice stands behind it.
Continuity, not hand-offs
The people who take your enquiry, carry out the assessment and review the report all work in one practice, so nothing is lost between stages.
How this works in practice
Substantial gifts or property transfers
An assessment may be needed where the person wants to give away a large sum of money, a property, land, shares or another valuable asset.
Family dispute or risk of challenge
An assessment may be needed where family members disagree about whether the person understands the gift or is being influenced.
Attorney, deputy or Court of Protection gifting
An assessment may be needed where an attorney or deputy is considering a gift from the person’s estate.
This is an illustrative example. It does not describe any individual client.
Why families, solicitors and professionals choose Nellie Supports
Decision-specific, not generic
Focused on the exact decision in issue and the information relevant to it, not a broad opinion about capacity overall.
Court-ready reporting
Reports structured for solicitors, the Court of Protection and other professionals who need to rely on them.
Therapeutic assessment interviews
A calm, supportive conversation that helps the person engage as fully as possible.
Nationwide coverage
A permanent team covering England and Wales, in person or by video where appropriate.
Peer reviewed as standard
Every report is reviewed by a second qualified professional before it is issued.
Employed, not outsourced
A permanent full-time team, not an ad hoc panel of associates.
Frequently Asked Questions About Lifetime Gifts Capacity Assessments
What is a capacity to make lifetime gifts assessment?
It is a decision-specific assessment of whether a person can make a proposed gift during their lifetime, such as a cash gift, property transfer, valuable personal item, loan or other transfer of assets. The assessment considers the nature and value of the gift, its consequences and the person’s ability to understand, retain, use or weigh the relevant information and communicate their decision.
What is the Re Beaney test for lifetime gifts?
Re Beaney [1978] 1 WLR 770 is the leading common law authority commonly used when considering capacity to make lifetime gifts. In practical terms, the level of understanding required depends on the size, nature and consequences of the gift, so a substantial gift may require a much fuller understanding than a modest customary gift.
Is capacity to make a gift the same as capacity to manage finances?
No. A person may be able to make some financial decisions but still lack capacity for a specific substantial gift, or may struggle with day-to-day finances but still understand a particular simple gift. The assessment should focus on the actual gift decision, not on a broad label of financial capacity.
Can an attorney or deputy make a gift if the person lacks capacity?
Attorneys and deputies have limited authority to make gifts. Small customary gifts may sometimes be permitted if they are reasonable and in the person’s best interests, but substantial gifts, loans, gifts to attorneys, property transfers or gifts involving conflict of interest may require legal advice and Court of Protection authority.
Can a lifetime gift assessment consider undue influence or pressure?
Yes. The assessment can record evidence relevant to pressure, coercion, dependency, conflict of interest and vulnerability. It does not decide a legal claim for undue influence, but it can provide important capacity evidence and identify concerns that should be considered by the solicitor, attorney, deputy or court.
What if the assessment does not reach the conclusion we hoped for?
Our assessments are independent, and that independence is what gives the report its value. We do not begin from a preferred answer. We assess the specific decision on its merits and record the reasoning, whatever the conclusion. A report that only ever confirmed what was hoped for would carry no weight with a solicitor, the Court of Protection or anyone else relying on it.
Related mental capacity guides
Mental Capacity Act 2005 Key Principles Explained
A plain English guide to the statutory principles that sit behind decision-specific mental capacity assessments.
What Is Relevant Information in a Capacity Assessment?
Explains why the information a person must understand depends on the specific decision being assessed.
How to Prepare for a Mental Capacity Assessment
Practical preparation guidance for solicitors, families, attorneys, deputies and professional referrers.
How Undue Influence Affects Capacity Assessments
Explains the difference between a capacity assessment and wider concerns about pressure, coercion or influence.
What Makes a Capacity Report Court Ready?
Guidance on the structure, reasoning and evidence needed for a robust capacity report.
Other assessment types
If a different decision needs to be assessed, our team can help across the full range of mental capacity assessments.
COP3 mental capacity assessment
For Court of Protection deputyship applications.
Capacity to Manage Finances
Independent, decision-specific assessment of capacity to manage money, property and financial affairs.
Enhanced mental capacity assessment
A deeper, multi-layered assessment for complex, high-value or contested cases.
Nellie Supports provides independent social work assessment, evidence and advocacy support. We do not provide regulated legal advice, and where a legal remedy is needed we will say so and support your solicitor's work.
Need a lifetime gifts capacity assessment?
Contact Nellie Supports to arrange an independent, decision-specific capacity assessment for a proposed or disputed lifetime gift. Call 0333 987 5118, email nellie@nelliesupports.com or use our contact form at https://www.nelliesupports.com/contact.
Written by Ben Slater, Founder and Managing Director, Nellie Supports. Read our editorial policy.