Independent evidence · England and Wales
Statutory Will Mental Capacity Assessment Package
Evidence for a clear next step.
We provide capacity evidence and coordinated assessment reports for statutory-will applications. From COP3 evidence to a wider care, costs and expert-report package, the work is matched to the application and the court’s directions. Your solicitor handles the legal application.
The question, evidence, report requirements and fee are agreed before instruction. No preferred finding or court outcome is promised.
Assessment overview
We provide capacity evidence and coordinated assessment reports for statutory-will applications. From COP3 evidence to a wider care, costs and expert-report package, the work is matched to the application and the court’s directions. Your solicitor handles the legal application.
Capacity and other commissioned evidence for a Court of Protection statutory-will application.
Package fee, stated before instruction: fee confirmed in writing
Capacity report: five working days after the completed assessment
Nationwide coverage: England and Wales
Court-ready evidence package: Court of Protection
Is this the right service?
Who are you arranging this for?
The evidence package is the same whoever instructs it. What changes is what you need to know first.
I am supporting a family member
A person may need a will but be unable to make the relevant decision themselves. We explain the assessment and the reports available, while keeping the person’s own wishes and circumstances central. A solicitor can advise about the application, the proposed will and the court’s requirements.
I am instructing as a professional
Send the proposed application, the will question, any existing orders and the evidence requested. We confirm which assessments and reports are commissioned. A COP3 capacity opinion, evidence about care and costs, and a life-expectancy opinion serve different purposes and should not be assumed necessary in every case.
What is a statutory will?
An independent social-work practice with an employed professional team and peer-reviewed reporting. Explore our mental capacity assessment services to find the right starting point.
Read how we evidence our scale on our Permanent Team, National Scale page, and how reports are governed and peer reviewed in our Professional Standards.
What is a statutory will?
A statutory will is authorised by the Court of Protection under the Mental Capacity Act for someone who lacks capacity to make the relevant will decision. It is different from a will the person makes themselves. The court considers the application and the best-interests evidence; the assessment report does not determine the contents or authorise the will.
A person may be unable to manage their property and financial affairs yet still be able to make a will. The will decision therefore needs its own analysis, using the relevant information and appropriate support.
Our role is to provide the capacity and other evidence included in the agreed instruction. Preparing the proposed will, conducting the application and advising on the legal consequences remain matters for the solicitor or applicant.
When you may need a statutory will package
A solicitor or deputy may be considering an application because there is no will, circumstances have changed or an earlier document no longer reflects the situation. We first identify the capacity question and the reports actually needed. A diagnosis alone does not establish the court’s jurisdiction or make a statutory will necessary.
This often arises where someone has dementia, a brain injury, a progressive illness or another condition affecting decision-making, and there is a need to understand both their testamentary capacity and the wider practical and financial context of the case. It is particularly helpful where a solicitor or family wants to avoid gaps in the evidence and put forward a complete, joined-up package.
Court of Protection application
A solicitor, deputy or family member needs to apply for a Will to be authorised on the person's behalf, and the court requires evidence before it can consider the application.
No Will in place
The person has never made a Will and, without one, their estate would pass under the intestacy rules in a way that may not reflect their circumstances or what they would have wanted.
An existing Will is out of date
Circumstances have changed significantly since the Will was made, through marriage, divorce, the death of a beneficiary, a damages award or a change in the size of the estate.
A condition affecting decision-making
The person has dementia, a brain injury, a learning disability or a progressive illness, and there is real doubt about whether they can make or amend a Will.
Concerns about a recent Will
A Will has been made or changed recently and there are concerns about capacity, undue influence or the reasons behind the change.
Care needs and costs are relevant
The court needs to understand the person's care needs, projected costs and likely life expectancy alongside the capacity evidence.
The statutory application and testamentary capacity
Banks v Goodfellow concerns testamentary capacity for a person’s own will. A statutory-will application engages the Mental Capacity Act and the Court of Protection’s powers. If both questions arise, the report must explain which framework applies to each and avoid treating one finding as an automatic answer to the other.
An unwise Will is not the same as lacking capacity
An unexpected choice of beneficiary does not itself establish incapacity. We distinguish the person’s preferences, their decision-making abilities and any relevant evidence about how those preferences arose. Neither the assessor nor the family decides whether a will is acceptable simply by comparing it with their own wishes.
Why choose Nellie Supports for a statutory will assessment
The value of the service lies in the assessment and the explanation behind it: the relevant expertise, a supported process, careful use of records and a written opinion that others can examine. Our role is to provide independent evidence within the agreed instruction.
For families
Know the work, cost and timetable before booking. We agree the appointment arrangements around the person’s needs and explain what the completed report will include.
For professionals
An employed professional team, with relevant expertise and a second professional reviewing the report. We agree the appropriate assessor and written output for your instruction.
Why families, solicitors and deputies choose Nellie Supports
Prepared for Court of Protection use
Clear reasoning linked to the relevant legal framework and the specific issues in the case.
A joined-up package
Testamentary capacity, care needs, projected costs, COP3 where required and life expectancy in one coordinated service.
MoCA-accredited assessors
Cognitive screening available where appropriate at no extra cost.
Life expectancy by a forensic scientist
Prepared by our forensic scientist, registered with the Royal Anthropological Institute, using medical evidence and recognised data sources.
Employed, not outsourced
A permanent full-time team, not ad hoc associates, so assessors bring regular practical experience.
Peer reviewed
Every case is reviewed by a second qualified professional before delivery.
What is included?
What this assessment covers
For the Court of Protection application, the capacity question is addressed under the Mental Capacity Act and the court’s directions. The assessment identifies the will decision, the information material to it and the person’s ability to decide with support. A separate opinion about a will the person makes themselves must be identified and reasoned under the relevant testamentary-capacity principles.
The nature of making a Will and what it does, including that it takes effect on death and can be changed while they have capacity
The extent of what they own, in broad terms, including property, savings, investments, debts and anything already held in trust
The people who might expect to benefit, and the claims those people may have on the estate
The effect of including someone, leaving someone out, or dividing the estate in a particular way
Who depends on them, and any obligations they may wish to take into account
That a Will can be disputed after death, and what that could mean for the people left behind
The legal framework for statutory wills
The court needs the relevant capacity evidence and, separately, the evidence bearing on best interests. Our assessment distinguishes those questions and makes clear which parts of the commissioned work address each:
A finding of incapacity does not settle what the will should say. The person’s past and present wishes and feelings, beliefs, values and relevant circumstances need proper consideration. The court makes the best-interests decision; the report supplies evidence within its agreed scope.
Framework: Mental Capacity Act 2005 sections 1–4, 16 and 18; the relevant Court of Protection forms and Practice Direction 9E. Any separate testamentary-capacity question is identified expressly. The solicitor should confirm the application and evidence requirements for the case.
Read the supporting guidance
Whether the person lacks capacity to make the will decision under the Mental Capacity Act 2005
Whether authorising a statutory Will is in the person's best interests under the Mental Capacity Act 2005
The person’s past and present wishes and feelings, beliefs and values
Their relationships and their current and future needs
Inside the evidence package
The package brings together the evidence actually commissioned. Each author’s expertise, information sources and conclusions should be identifiable. A coordinated set of reports can assist the legal team without implying that every statutory-will application requires the same documents or that one professional answers every question.
Instruction and the statutory will application in question
Capacity evidence for the statutory-will application
Social care needs assessment and current circumstances
Care plan setting out how needs should be met
Costs review of current and projected care costs
Life expectancy opinion prepared from medical and care evidence
COP3 completion where required
Best interests context and Court of Protection considerations
How the assessment works
Our statutory will process
Initial enquiry and triage
Tell us the decision, why evidence is needed, who will use the report and any deadline. We discuss the person’s circumstances and communication needs, then identify whether the requested work fits the service and expertise available.
Quotation and booking
We agree the assessment and report scope, fee including applicable VAT, travel charges and timetable in writing. Appointment arrangements take account of the person’s needs. Additional work is discussed and agreed before it is undertaken.
All travel is charged separately at £48 per hour including VAT (£40 excluding VAT). The travel cost and any additional work are confirmed in your written quotation before booking.
Assessment visits
We complete the assessments included in the instruction, with arrangements and support suited to the person. If care-needs assessment, care planning, costs work or other expert evidence is also commissioned, each element has an identified purpose and an appropriately qualified author.
Report preparation and peer review
Your report explains the question, relevant evidence, support provided and conclusion, with clear reasoning and any limitations. Court-specific requirements are agreed before instruction. The format follows the relevant Court of Protection directions; CPR Part 35 is not assumed to govern every report. Completed work is professionally reviewed before issue.
Peer review and secure delivery
A second professional reviews the completed work before it is sent securely. The report explains the conclusion, the evidence supporting it and any unresolved limitations. Court filing, legal submissions and any additional commissioned reports remain subject to the agreed scope.
How this works in practice
The situation
Illustrative example: a person has no will, and there is a genuine concern about their ability to make one. Their solicitor needs capacity evidence before deciding whether a statutory-will application is appropriate. The person’s own account of their relationships and wishes remains important.
What the assessment found
The assessment would examine the specific will decision with appropriate support and explain the evidence under the relevant framework. An unusual choice of beneficiary or a dementia diagnosis would not, by itself, answer the question. Any separate testamentary opinion would be identified expressly.
The outcome
If the statutory requirements are met, the solicitor can consider the application and the evidence the court needs for its best-interests decision. The court may require further information and is not bound by the assessor’s preferred outcome. The assessment itself neither authorises nor drafts the will.
This is an illustrative example, drawn from the common features of the statutory will cases we assess. It does not describe any individual client.
Preparing your instruction
Evidence we review
We review the documents relevant to the question and explain how to share them securely. The report distinguishes records, the person’s own responses and information supplied by others.
Medical records
GP summaries, hospital letters, imaging and any information about diagnosis, prognosis or treatment that bears on decision-making and on life expectancy.
Any existing Will and earlier drafts
Previous Wills, codicils, attendance notes and drafting instructions, which show how the person's intentions have developed over time.
Estate and financial information
The broad shape of the estate: property, savings, investments, debts and anything held in trust or already promised.
Legal documents
Any Lasting Power of Attorney, deputyship order or Court of Protection order relevant to the person's affairs.
Care and support records
Care plans and daily notes describing how the person presents day to day, which also inform the care needs assessment and costs review.
Accounts from people who know the person
Observations from family, friends and professionals about relationships, and about how and when the person's views have been expressed.
Start a statutory will assessment
Tell us about the case and the application and we will confirm which reports are needed, the fee, and the earliest appointment.
The capacity assessment report is delivered within five working days of the completed assessment. Any additional expert work is scoped separately.
Fees and scope
COP3 Part B only, or the full package?
Some instructions need COP3 evidence, while others require a wider package. We work from the application and court directions, identify the purpose of each report and confirm the written outputs and price. The larger package should not be described as a universal court requirement.
COP3 Part B Only
- Formal COP3 Part B capacity evidence
- Decision-specific testamentary capacity assessment
- Structured for Court of Protection use
Where only COP3 capacity evidence is required.
fee confirmed in writing
Statutory Will Package
- Testamentary capacity assessment
- Social care needs assessment and care plan
- Costs review
- Life expectancy opinion report
- COP3 completion where required
The complete, joined-up evidence package for a statutory will application.
fee confirmed in writing
Choosing the right assessment
COP3 Part B Only
Where only formal capacity evidence is required
Statutory Will Package
The full evidence package for a statutory will application
Court-specific instruction
Court of Protection or other proceedings
Statutory will fees and timescales
fee confirmed in writing
The written quotation distinguishes COP3 capacity evidence from any wider statutory-will package. It identifies the reports included, the fee including applicable VAT, travel and any additional work. The price for COP3 alone must not be presented as the price of the full package.
Social Care Needs Assessment
A full assessment of the person's current health, wellbeing, presentation and day-to-day support needs, establishing the level of care required and giving the court a clearer understanding of their circumstances.
Care Plan
A structured care plan setting out how the assessed needs should be met in practice, including support arrangements, staffing, supervision, equipment and daily living assistance.
Costs Review
A professional review of current and projected care-related costs, so future planning is based on realistic, sustainable figures.
Testamentary Capacity Assessment
A decision-specific capacity opinion for the Court of Protection instruction, using the applicable statutory framework and relevant information. Where a separate testamentary-capacity opinion is commissioned, its purpose and legal principles are identified distinctly. Screening, if appropriate, contributes evidence but does not determine either conclusion.
COP3 Completion
Where required, we complete COP3 Part B as part of the wider package, providing formal capacity evidence in a clear, structured format for Court of Protection use.
Life Expectancy Opinion Report
Where commissioned, a life-expectancy opinion identifies the author’s relevant expertise, medical and care evidence, methodology and limitations. It should not be presented as a guaranteed prediction or as a substitute for medical evidence outside the author’s competence.
Is your case more complex?
This service has its own scope and fee. If a new capacity assessment also needs additional evidence because the case is complex, high-risk or potentially contested, we can discuss the appropriate work. A retrospective opinion or desktop review does not automatically include a new assessment appointment.
Common questions
Statutory will FAQs
Do you need a COP3 for a statutory will application?
The court’s current application requirements and directions determine the capacity evidence needed. COP3 commonly provides that evidence. Care, cost or life-expectancy reports may assist a particular application, but should not be described as mandatory in every case. Send the proposed application so the instruction can be scoped accurately.
Is a life expectancy report always needed?
No. Whether such an opinion is useful or required depends on the issues and the court’s directions. Where commissioned, the report should identify the author’s expertise, evidence and limitations. We do not assume that every application needs the full package.
What is the difference between testamentary capacity and general capacity?
Capacity to make a will is a particular question, separate from managing finances or other decisions. The statutory Court of Protection question and a testamentary-capacity opinion about a person’s own will must also be distinguished. We clarify which evidence the legal instruction requires before the assessment.
Does this service include drafting the will itself?
No. This service produces the assessment and expert evidence package that supports the application. The legal drafting of the proposed statutory Will and the court application documents usually sit with the instructing solicitor or applicant.
Can a statutory will application be urgent?
Yes. You can apply for an emergency decision on a statutory Will if the person only has a short time to live. In urgent cases, raise timing at the outset so the evidential work can be targeted appropriately.
Will the court automatically approve a statutory will if the person lacks capacity?
No. The court must consider the relevant best-interests factors and the proposed will in the person’s circumstances. Their own wishes, feelings, beliefs and values matter, alongside the other evidence. A capacity opinion does not compel the court to authorise the application or adopt a particular distribution.
What if the assessment does not reach the conclusion we hoped for?
Our opinion follows the evidence. We explain the findings and any uncertainty, whether or not the conclusion matches the initial concern. Paying for an assessment does not buy a preferred outcome.
Sources and further reading
Statutory will guides
Testamentary capacity versus statutory will applications
When a statutory Will is the right route
Banks v Goodfellow and the test for making a will
The legal test explained, limb by limb
What is testamentary capacity?
The decision, the test and who assesses it
Solicitor instructions and evidence in will capacity assessments
What solicitors should instruct and provide
Retrospective testamentary capacity and disputed wills
Assessing capacity at a historical date
How to arrange a Court of Protection assessment
The steps in order, from defining the decisions to filing the COP3 with the application.
Other assessment types
We also provide mental capacity assessments for other decisions. If you need a testamentary capacity assessment, a COP3 for the Court of Protection, or an assessment for managing finances, our team can help.
We provide independent assessment and professional evidence. Legal advice and court applications remain with the relevant legal adviser.