Capacity to Buy, Sell or Transfer Property
Buying or selling property is often one of the most significant financial and personal decisions a person will ever make. The law requires that anyone entering into such a transaction has the mental capacity to understand what they are doing, the financial implications, and the long-term consequences. If there is doubt about a person’s decision-making ability, a formal mental capacity assessment may be needed to protect them and ensure the transaction is legally valid.
At Nellie Supports, our team of specialist assessors provide clear, court-ready reports that follow the Mental Capacity Act 2005 and draw on leading case law. We work compassionately with individuals and families to assess whether a person can understand and weigh up the key issues involved in buying, selling, or transferring property — ensuring peace of mind for all involved and reducing the risk of future legal challenges.
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Why Capacity to Buy or Sell Property Matters
Property transactions aren’t just financial decisions — they often determine where someone lives, their long-term security, and how their estate is managed for future generations. Because the stakes are so high, the courts set a higher standard of capacity for buying or selling property compared with everyday financial decisions.
If capacity is not properly assessed, the consequences can be serious:
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A sale or purchase may later be declared invalid, leaving families facing disputes or financial loss.
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A vulnerable person may be at risk of exploitation if their capacity isn’t clearly documented.
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Executors, solicitors, and attorneys may face delays, costs, or challenges if there isn’t clear professional evidence.
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A well-structured, legally compliant assessment provides clarity for all parties involved, ensures the transaction can proceed with confidence, and helps prevent disputes arising years later.
When, Who & How Much – Your PA14 Questions Answered
We know that arranging a property capacity assessment can feel daunting, especially when a house sale, purchase, or transfer is already stressful. To make things clearer, here are the three questions most people want answered first — when an assessment is needed, who can complete it, and what it costs.
When Do You Need a Property Capacity Assessment?
You will typically need an assessment when:
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A person is selling their home and concerns arise about whether they fully understand the consequences.
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A solicitor, bank, or attorney requests evidence of capacity before allowing a property sale, purchase, or transfer.
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A person is gifting or transferring property as part of estate planning.
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Family members disagree over whether someone can safely make property decisions.
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There are concerns about undue influence or financial exploitation.
Who Can Complete a Property Capacity Assessment?
The law requires that property capacity assessments are completed by an appropriately qualified professional. This could include:
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A doctor (GP, psychiatrist, or consultant).
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A registered social worker.
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A health or social care professional with specialist expertise in mental capacity law.
At Nellie Supports, every assessment is carried out by a trained assessor with expertise in the Mental Capacity Act 2005. Our team are also MoCA-trained, using validated cognitive tools where appropriate to evidence impairments of the mind or brain. We then apply legal standards to establish a clear causal nexus, ensuring the report meets statutory requirements.
Property Capacity Assessment Costs
A decision-specific property capacity assessment (buying, selling, or transferring) costs £496.00, exclusive of VAT and assessor travel.
This includes:
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A face-to-face assessment.
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A full written report compliant with the Mental Capacity Act 2005.
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Reports written to CPR Part 35 standards, so they are suitable for use in legal proceedings if required.
Your fee is always confirmed in writing before the assessment begins.
Is a Formal Diagnosis Required for a Residency Capacity Assessment?
No Requirement for a Formal Diagnosis
No — a formal medical diagnosis is not required for the court or professionals to accept a mental capacity assessment for property transactions.
What matters is whether there is clear evidence of an impairment or disturbance in the functioning of the mind or brain that causes the person to be unable to:
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Understand information relevant to buying, selling, or transferring property (e.g. the value of the property, the financial consequences, the permanence of the decision).
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Retain that information long enough to reach a decision.
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Use or weigh that information as part of the decision-making process (e.g. considering the risks of selling or the impact of tying up capital in a purchase).
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Communicate their decision by any means.
At Nellie Supports, our team are all MoCA-trained assessors, using this validated cognitive tool where appropriate to demonstrate whether there is evidence of impairment. This ensures our assessments go beyond observation alone, providing measurable data alongside narrative clinical judgment. By linking this evidence directly to decision-making, we establish the causal nexus required under the MCA 2005.
Legal and Procedural Clarity
Property sale and purchase decisions are among the most complex and high-value transactions an individual can make. For that reason, the courts require assessors to apply the Functional Test under the Mental Capacity Act 2005 (s.3) with particular rigour.
To ensure full legal compliance, every report we produce:
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Clearly identifies how the person’s capacity was assessed against the MCA 2005 functional test.
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Demonstrates adherence to Statutory Principle 2 (that all practicable steps were taken to support decision-making before concluding incapacity).
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Provides clear reasoning establishing the causal nexus between any impairment of the mind or brain and the person’s inability to decide.
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Is written in a CPR Part 35–compliant format, making it suitable as expert evidence in legal proceedings.
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References relevant case law (such as Re Beaney and Re Sabatini) where appropriate, reducing the risk of challenge if the transaction is later contested.
This combination of statutory compliance, clinical evidence, and legal rigour ensures our property capacity reports provide robust, court-ready evidence that solicitors, banks, and families can rely upon with confidence.
Case Law Support
The courts have long recognised that property transactions require one of the highest levels of decision-making capacity, because they often involve a person’s most valuable asset — their home. The following key cases provide guidance on how capacity should be assessed:
Re Beaney (deceased) [1978] 1 WLR 770
Confirmed that the level of capacity required depends on the significance of the decision. Where the transaction involves selling or gifting a home, the highest level of understanding is required, as the person may be deprived of their main asset.
Re Sabatini (1981)
Highlighted that a person must not only understand the basic nature of the transaction but also appreciate its financial consequences, including risks of loss or exploitation.
Buckley v Bourne [1896] 2 Ch 679
Established that to sell or purchase land, the individual must comprehend the nature and effect of the contract, even if they do not understand every technical legal detail of conveyancing.
Barrett v Bem [2012] EWCA Civ 52
Though primarily a will case, it reaffirmed that where property-related capacity is challenged, the court requires clear and cogent evidence of functional understanding, not just a diagnosis.
Taken together, these cases show that property assessments must go beyond checking basic comprehension. The assessor must explore whether the person truly understands the value of the property, the financial implications of the transaction, and the long-term consequences.
At Nellie Supports, we structure every assessment and report to reflect these legal principles, ensuring that our evidence stands up to judicial scrutiny if ever questioned in court.
Our Process – Step by Step
Call Us to Discuss Your Needs
Get in touch with our friendly assessment coordination team. We’ll take some initial background information and answer any immediate questions you may have.
Book a Face-to-Face Appointment
We arrange a convenient time for one of our experienced assessors to meet the individual, either at home or another suitable location. Where appropriate, we use structured tools such as the MoCA alongside interviews to gather robust evidence.
Assessment and Report Writing
Following the assessment, we prepare a detailed report structured in line with the Mental Capacity Act 2005 and compliant with Civil Procedure Rule Part 35. This ensures the report is not only clear and compassionate but also suitable for use in legal proceedings if required.
Report Delivered Within 10–14 Days
Within 10–14 days, you will receive the completed report. It will clearly evidence whether the person has capacity to buy, sell, or transfer property, and will provide the reassurance and legal robustness needed for solicitors, banks, or family members.
Areas we cover
Nellie Supports provides property capacity assessments across the whole of England and Wales. Whether you’re based in a busy city or a rural village, our assessors can travel to you to provide a clear, independent opinion that meets both legal and professional standards.
Because property decisions often overlap with other areas of mental capacity law, we also support clients with:
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COP3 Mental Capacity Assessments – required for Court of Protection deputyship and property & financial affairs applications.
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Capacity to Grant a Lasting Power of Attorney – ensuring that LPAs are valid and robust against challenge.
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Advanced Mental Capacity Assessments – detailed reports for complex or disputed situations, where additional safeguards are needed.
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Capacity to Manage Finances – closely linked to property transactions, as financial decision-making is often a key part of understanding a sale or purchase.
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Testamentary Capacity Assessments – ensuring wills are made or updated in line with legal standards.
Wherever you are, our goal is to provide a responsive, compassionate service that gives you the confidence that your property transaction can proceed smoothly and without legal risk.
Case Study: Selling Property to Move Closer to Family
When Mrs H. and her husband decided to sell their long-time family home in order to move closer to their children, their property solicitor raised a concern. Mr H. had been diagnosed with Alzheimer’s disease, and before the sale could go ahead, the solicitor required clear evidence that he had the mental capacity to understand and consent to the transaction.
At first, Mrs H. felt overwhelmed. She had already approached their GP, but the practice explained that they could not complete the specialist capacity assessment required. With the move already planned and a buyer lined up, delays were causing significant stress for the whole family.
Turning to Nellie Supports, Mrs H. was contacted the same day by our assessment coordination team. An assessor with specialist knowledge of the Mental Capacity Act 2005 was assigned, and a face-to-face appointment was arranged within 48 hours. The assessor carefully explored Mr H.’s understanding of the nature of the property sale, the financial consequences, and what it would mean for his and his wife’s future security.
The assessment applied the Functional Test under the MCA, alongside the MoCA tool to evidence cognitive impairment. A detailed, CPR 35–compliant report was produced within five working days, clearly evidencing Mr H.’s ability to participate in the decision and providing the solicitor with robust documentation to rely upon.
Thanks to the timely intervention, the sale was able to proceed without challenge, allowing the couple to move closer to their children with confidence and peace of mind.
Why Choose Nellie Supports?
Choosing the right professionals to assess mental capacity is vital. At Nellie Supports, we combine expertise, empathy, and efficiency to make the process as smooth as possible. Our multidisciplinary team includes registered social workers, nurses, and specialists who bring decades of combined experience in capacity law and practice. Every assessment is conducted with compassion and clarity, always tailored to the person’s unique circumstances.
Experience peace of mind with our comprehensive social work services at Nellie Supports. Our team of registered and experienced professionals is dedicated to providing exceptional care and support. From mental capacity assessments to a wide range of social work services—such as EHCP appeals, life expectancy reports, and ongoing consultancy—our experts ensure accurate evaluations, personalised guidance, and the highest standards of practice.
We understand how important these decisions are, whether you’re planning for the future or responding to urgent legal requirements. That’s why our reports are consistently prepared to the highest standards, fully compliant with the Mental Capacity Act 2005, and accepted by courts and solicitors across England and Wales.
With a 4.9-star rating from clients nationwide, prompt response times, and a commitment to clear communication at every step, Nellie Supports is trusted by families, deputies, and professionals alike.
