Capacity to Retire as a Trustee
Expert Assessments to Support Trustee Retirement Decisions
Deciding when or how to retire as a trustee demands clear, trusted evidence of capacity. Our assessments provide legally robust, MCA-compliant documentation that protects you, co-trustees, and beneficiaries alike.
Trusted by Thousands. Guided by Experience. Committed to You.
6,000+
6,000+ Assessments Delivered
50+ Years
Combined Expertise
99%
Client Satisfaction
100%
Coverage of England & Wales
4.9 ⭐
What Is a Trustee Retirement Capacity Assessment?
When a trustee wishes to retire or step down from their role, it’s essential to confirm they have the mental capacity to make that decision lawfully. A trustee retirement capacity assessment determines whether the individual understands the implications of resigning and the ongoing impact on the trust, its assets, and beneficiaries.
Under the Mental Capacity Act 2005 and the Trustee Act 1925, a trustee must be able to:
-
Understand the nature and effect of retiring from a trust and how their duties will end
-
Retain that information long enough to make the decision
-
Use or weigh the potential consequences, such as who will continue managing the trust
-
Communicate their decision clearly
Because trustees carry legal responsibility for trust assets and beneficiaries, the process of retirement must be supported by clear, independent evidence of capacity. Our assessments ensure this decision - and the steps that follow - are valid, lawful, and defensible.
When, Where, Who & How Much — Your Trustee Retirement Capacity Questions Answered
01
When You’ll Need a Trustee Retirement Capacity Assessment
You should consider arranging a trustee retirement capacity assessment when:
-
A trustee wishes to resign, retire, or be replaced, and there are concerns about their capacity to make that decision
-
Co-trustees or beneficiaries are uncertain whether the individual fully understands the implications of stepping down
-
Solicitors require independent, MCA-compliant evidence before completing the necessary legal documentation
-
There are signs of cognitive decline, illness, or fluctuating capacity that could cast doubt over the validity of the retirement
-
The court or legal advisors request a formal capacity opinion to avoid future dispute
An independent assessment ensures the retirement decision is lawful, transparent, and beyond challenge.
02
Where We Carry Out the Assessment
We conduct trustee retirement capacity assessments across England & Wales, meeting in whichever setting best suits the trustee — whether at home, in a solicitor’s office, or within a care environment.
Where appropriate, parts of the assessment may also be completed via secure video link.
03
Who Can Conduct It
A trustee retirement capacity assessment must be carried out by a suitably qualified and experienced professional, such as:
-
Registered social workers trained in the Mental Capacity Act 2005
-
Medical doctors (GPs, psychiatrists, consultants)
-
Occupational therapists or professionals with cognition and decision-making expertise
-
Suitably qualified and experienced assessors familiar with trust and fiduciary law
At Nellie Supports, assessments are always conducted by full-time, in-house professionals. Our multidisciplinary team - including social workers, psychology graduates, and health professionals - ensures every report is peer-reviewed, consistent, and legally defensible.
04
Cost / Pricing
A Capacity to Retire as a Trustee Assessment is priced at £496.00 (plus VAT and assessor travel).
This fee includes:
-
A face-to-face or secure video assessment
-
A full, MCA 2005–compliant report tailored to the specific decision
-
Peer review and internal quality assurance
-
Secure report delivery within 10–14 working days
If multiple trustees or complex trust arrangements are involved, we’ll provide a clear written quotation before work begins. Every instruction comes with a fixed-fee confirmation, so you know exactly what to expect.
Why Choose Nellie Supports?
Every report is written in line with the Mental Capacity Act 2005 and tailored to the specific decision to retire. Our evidence is clear, legally defensible, and suitable for use by solicitors, co-trustees, and the courts.
Our assessors specialise in complex financial and legal decisions, including trusteeships, property management, and estate administration. We understand the responsibilities trustees hold - and the importance of making lawful, informed choices.
All assessments are completed by our employed, multidisciplinary team, not ad hoc contractors. This ensures reliability, continuity, and shared expertise across every case.
We deliver assessments across England & Wales, either face-to-face (at home, solicitor’s office, or hospital) or via secure remote appointments where appropriate.
Clear, upfront pricing with no hidden extras. The cost includes both the report and the certificate, so you know exactly what you’re getting from the start.
Our Process – Step by Step
Initial enquiry & triage
Contact our team by phone, email, or through our website form. We’ll confirm whether the assessment is specifically for trustee retirement, gather background information, and provide a clear written quotation (including VAT and travel if applicable).
Conducting the Assessment
A qualified assessor will meet the individual at home, in a care setting, hospital, or via secure video. The conversation is gentle and tailored to the decision at hand — whether the person wishes to step down as a trustee. Where appropriate, we may use validated tools such as the MoCA cognitive assessment to evidence impairment and support our findings.
Report Writing and Peer Review
The assessor prepares a detailed, CPR 35–compliant report, clearly evidencing the person’s ability to understand, retain, use/weigh, and communicate their decision about retirement. Each report is peer-reviewed internally for quality and legal robustness.
Delivery of the Report
You’ll receive the report securely within 5–10 working days. Minor amendments are free within 14 days, and our team remains available to clarify findings with solicitors, trustees, or the Court of Protection if needed.
Case Study: Retiring with Confidence
When Mr G wished to step down as trustee of a family trust, his co-trustees became concerned about whether he still had the mental capacity to make that decision knowingly. Mr G had begun to experience mild memory difficulties, and one trustee questioned whether he fully understood the implications of retirement.
The solicitors sought independent evidence before proceeding, but local GPs declined to carry out a capacity assessment of that complexity. The trust’s administration was delayed while uncertainty grew among the trustees.
How Nellie Supports Helped
-
Mr G’s solicitors contacted Nellie Supports and were connected with our assessment coordinator the same day.
-
A full-time assessor with specialist experience in fiduciary and financial capacity was appointed, and an appointment was scheduled within 72 hours.
-
The assessment took place in Mr G’s home, using real trust documentation and tailored questioning to explore his understanding of retirement, continuing liabilities, and beneficiary impact.
-
The functional test of the Mental Capacity Act 2005 (understand, retain, use/weigh, communicate) was applied, ensuring the findings were legally sound.
-
The report was peer-reviewed internally for accuracy and clarity before being securely delivered within five working days.
The Outcome
The final report confirmed that Mr G had capacity to retire as trustee, and his decision was made freely and with full understanding of its consequences. The co-trustees and solicitor were satisfied the process was lawful and robust, allowing the trust to transition smoothly and without dispute.
Key Takeaway
When questions arise around a trustee’s ability to retire, uncertainty can delay or jeopardise key trust decisions. Nellie Supports provides timely, defensible assessments that allow trustees to step down confidently — safeguarding both individual autonomy and the integrity of the trust.
Insights from Our Blog
Retiring as a trustee is a major legal decision that requires both clarity and confidence. On our blog, we share expert commentary on fiduciary responsibilities, capacity law, and the steps trustees should take when considering resignation or replacement. Explore practical guidance and real-world examples from our experienced team.
