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Statutory Will Mental Capacity Assessment Package
Court-ready statutory will evidence for solicitors, deputies and families across England and Wales
If a statutory will application is being considered, the court usually needs more than one piece of evidence. It needs clear, properly structured reporting that helps explain the person’s current circumstances, care needs, likely future costs, and whether they can make or amend a will for themselves.
At Nellie Supports, we provide a complete statutory will assessment package designed to support Court of Protection applications. This brings together the key reports commonly needed in these cases, including care evidence, costs evidence, testamentary capacity assessment, COP3 completion where required, and a life expectancy opinion report.
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What’s Included as Standard
Every Nellie Supports statutory will package is designed to provide the core evidence commonly needed to support a Court of Protection application. Rather than relying on a single report in isolation, this service brings together the key assessments needed to present a clearer picture of the person’s current circumstances, likely future needs, and decision-making position.
Social Care Needs Assessment
A full assessment of the person’s current health, wellbeing, presentation and day-to-day support needs.
This helps establish the level of care, supervision and practical support currently required, while also giving the court a clearer understanding of the person’s overall circumstances.
Care Plan
A structured care plan setting out how those assessed needs should be met in practice.
This may include support arrangements, staffing input, supervision, equipment, daily living assistance and other practical measures needed to maintain safety, dignity and quality of life.
Costs Review
A professional review of current and projected care-related costs.
This helps ensure that future planning is based on realistic, sustainable figures, including likely ongoing expenditure for staffing, equipment, care input and support needs.
Testamentary Capacity Assessment
An expert assessment of the person’s ability to make or amend a will.
This considers whether the person can understand the nature and effect of making a will, the extent of their estate, and the claims of those who might expect to benefit. Where appropriate, this may also include cognitive screening such as the Montreal Cognitive Assessment and other functional assessment measures.
COP3 Completion
Where required, we complete COP3 Part B as part of the wider statutory will evidence package.
This provides formal capacity evidence in a clear, structured format for Court of Protection use and helps ensure the application is supported by decision-specific assessment evidence where needed.
Life Expectancy Opinion Report
A clear, evidence-based life expectancy opinion prepared using available medical information, care evidence and verified national data.
This helps provide a more informed picture of likely future need, projected duration of care costs, and the wider financial context relevant to statutory will proceedings.
A Joined-Up Evidential Package
The strength of this service is not just in the individual reports, but in the way they work together.
By combining care evidence, projected costs, testamentary capacity assessment, COP3 completion where required, and life expectancy evidence, the package gives solicitors, deputies and families a more complete and court-ready foundation for statutory will applications.
Statutory Wills Fees and Timescales
COP3 Part B Only
Statutory Will Package
Travel time, where applicable
£600.00
£2800.00
£40.00 per hour
2 - 3 Weeks
Please note that VAT and travel charges are not included in the prices shown. If timing is important, please let us know at the enquiry stage and we will advise on the earliest available appointment and quickest turnaround.
What happens during the assessment
We understand that statutory will cases are often sensitive. They may arise because of dementia, brain injury, progressive illness, complex family circumstances, or urgent estate-planning concerns. Our aim is to make the process calm, respectful and supportive while still ensuring the evidence is clear, structured and suitable for Court of Protection use.
A statutory will package will usually involve:
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reviewing the instruction and available background information
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preparing a desktop life expectancy opinion report through our forensic scientist using the available medical, care and background evidence
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attending to complete a testamentary capacity assessment
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attending to complete a social care needs assessment
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preparing a care plan based on the assessed needs and support requirements
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carrying out a second visit where needed to complete or refine the care evidence
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completing COP3 where required as part of the overall package
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finalising the reports for solicitor and Court of Protection use
Documents and information to prepare
To complete a statutory will package properly, it helps to gather the relevant background information before the assessment begins. Because this service brings together testamentary capacity evidence, COP3 completion where required, social care evidence, costs evidence and a desktop life expectancy opinion, the more complete the background material is at the outset, the stronger and more efficient the process usually is.
This may include:
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any current or previous wills and codicils
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any draft proposed will, if one has been prepared
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details of the statutory will application or proposed Court of Protection application
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any existing Court of Protection paperwork
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a brief summary of why the statutory will is being sought
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relevant medical records, diagnoses, discharge summaries or GP information
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details of the person’s current health, treatment and prognosis where available
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details of current care arrangements, living situation and day-to-day support
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any existing care plans, risk assessments or social care records
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information about current and projected care costs, if already available
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any previous mental capacity assessments, COP3s or related expert reports
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a summary of the person’s assets, income and expenditure
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details of close family members and others who may expect to benefit from the estate
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contact details for the solicitor, deputy, attorney or key family member involved
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information about communication needs, interpreters, advocates or other support that may help the person engage in the assessment
Where a desktop life expectancy opinion is being prepared, it is particularly helpful to provide the fullest available medical and care evidence at the outset. Where a testamentary capacity assessment or COP3 is required, it also helps to be clear from the beginning what exact decision or application the evidence needs to address.
The clearer the background information is at the start, the easier it is to make sure the assessment is properly targeted and the final reports are fit for purpose.
What happens if the person lacks capacity?
If the assessment concludes that the person lacks testamentary capacity, they cannot make or amend a will themselves. In those circumstances, an application can be made to the Court of Protection for a statutory will.
The evidence prepared as part of this package - including the testamentary capacity assessment, COP3 (where required), care evidence, costs information and life expectancy opinion - helps the court understand the person’s circumstances, needs and the wider context in which decisions about their estate are being considered.
The Court of Protection does not simply approve a will because capacity is lacking. It will consider all of the available evidence and decide whether making a statutory will is in the person’s best interests, taking into account factors such as their likely wishes and feelings, their relationships, and their current and future needs.
Where capacity is found to be lacking, the next step is usually for the instructing solicitor or applicant to use the evidence within the wider statutory will application, alongside the required legal documentation, for the court to determine what order should be made.
Who this service is for
This service is for solicitors, deputies and families who need a clear, court-ready package of evidence for a statutory will application. It is particularly relevant where there are concerns that the person can no longer make or amend a will for themselves, and the Court of Protection will need properly structured evidence about capacity, care needs, future costs and life expectancy.
It can also be helpful where the case is more complex because there are changing care needs, significant assets, family disagreement, or concern that future expenditure and prognosis need to be understood properly before any proposed will can be considered.
Whether you are preparing a new statutory will application or trying to make sure the evidence is complete from the outset, this package is designed to give the court and the legal team a fuller picture of the person’s circumstances and the wider context of the application.
When you may need a statutory will package
A statutory will package is usually needed where there is concern that a person can no longer make or amend a will for themselves, and the Court of Protection will need clear evidence about capacity, care needs, likely future costs and life expectancy before the application can be considered.
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 from the outset and put forward a more complete, joined-up package to support the statutory will application.
What is a statutory will package?
A statutory will package is a coordinated set of assessments and reports used to support an application to the Court of Protection for a statutory will, where a person cannot make or amend a will for themselves.
Rather than relying on a single piece of evidence, the package brings together testamentary capacity assessment, care needs evidence, projected care costs, life expectancy information and COP3 completion where required, so the court can understand both the person’s decision-making ability and their wider circumstances.
The aim is to provide a clear, structured and court-ready evidential foundation that helps the Court of Protection decide whether a statutory will should be authorised and what form that will should take.
The legal framework for statutory wills
A statutory will application is made to the Court of Protection under the Mental Capacity Act 2005, where the court is asked to authorise a will on behalf of someone who lacks the capacity to make or amend one themselves.
The court must consider whether the person lacks testamentary capacity and, if so, whether making a statutory will is in their best interests. This involves looking at a range of factors, including their likely wishes and feelings, their relationships, and their current and future needs.
In practice, that is why clear, decision-specific capacity evidence, together with care, cost and life expectancy information, is often needed to help the court reach a properly informed decision.
Why a joined-up evidential package matters
Statutory will cases rarely turn on one issue alone. The court is not just considering whether a person has capacity, but also their current circumstances, their likely future needs, and the practical and financial context in which decisions about their estate are being made.
If evidence is provided in isolation, it can leave gaps or make it harder for the court to understand the full picture. Capacity evidence without care evidence, or costs without context, may not fully explain why a particular outcome is being proposed.
By bringing together testamentary capacity, care needs, projected costs, life expectancy and COP3 evidence where required, a joined-up package helps present a clearer, more structured and more reliable foundation for the Court of Protection to make its decision.
What the assessor evaluates
A strong statutory will package does more than provide conclusions. It explains how those conclusions have been reached, and sets out the evidence in a way the court can properly follow and rely on.
During the assessment process, the assessor will consider the person’s ability to understand the nature and effect of making a will, the extent of their estate, and the claims of those who may expect to benefit, alongside their current care needs, support requirements and overall circumstances.
The reports will also address whether there is evidence of an impairment or disturbance in the functioning of the mind or brain, how this affects decision-making, and how the person’s current and future needs, costs and prognosis form part of the wider evidential picture for the Court of Protection.
Our therapeutic assessment approach
At Nellie Supports, the assessment process is approached as a structured, supportive conversation rather than a rigid or purely clinical interview. This helps the person engage as fully as possible, while still ensuring the evidence gathered is clear, focused and suitable for legal use.
The assessment is not designed to catch the person out. It is designed to explore their understanding in a way that is proportionate to their needs, communication style and circumstances, while applying the relevant legal tests in a careful and consistent way.
The written reports serve a different purpose. They are evidence-based, clearly reasoned and structured for Court of Protection use, bringing together the key findings from capacity, care, costs and life expectancy into a format the court and legal team can rely on.
Common statutory will questions
Often, yes. A COP3 provides formal capacity evidence for the Court of Protection, but statutory will cases usually require additional evidence alongside it, including care, cost and life expectancy information.
Not in every case, but it is commonly required where future care needs, prognosis or projected costs are relevant to the application and the court needs a clearer picture of the person’s likely circumstances over time.
Testamentary capacity is specific to making or changing a will. A person may lack capacity in other areas, such as managing finances, but still retain the ability to make a will, so this must always be assessed separately.
Sometimes, but not always. Because this package includes multiple elements - capacity, care and supporting evidence - it may involve more than one visit to make sure each part is properly assessed and the final reports are complete and robust.
Why families, solicitors and deputies choose Nellie Supports
reporting, and the way the package is structured can directly affect how useful it is to the Court of Protection and the legal team.
At Nellie Supports:
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our statutory will assessments are prepared for Court of Protection use, with clear reasoning linked to the relevant legal framework and the specific issues in the case
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our assessment interviews are therapeutic in approach, while our reports remain evidence-based and court-ready
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all assessors are accredited Montreal Cognitive Assessment practitioners
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additional MoCA cognitive screening can be used where appropriate at no extra cost
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all assessments are completed by permanent full-time members of the Nellie Supports team, not ad hoc associates
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because this is their full-time role, our assessors bring regular, practical experience rather than occasional case exposure
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our package brings together testamentary capacity evidence, care needs evidence, projected care costs, COP3 completion where required, and life expectancy reporting in one coordinated service
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life expectancy opinion reports are prepared by our forensic scientist, registered with the Royal Anthropological Institute, using medical evidence and recognised data sources
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every assessment is clearly reasoned and structured for legal use
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every case is peer reviewed by a second qualified professional
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completed documentation is delivered securely, with clear communication throughout
Whether the issue is urgency, complexity, family dispute, or the need for a more complete evidential package from the outset, our role is to make the process clearer, stronger and more dependable from the start.
Our Statutory Will Process
We keep the statutory will process clear, structured and as straightforward as possible from the outset. Whether you are a solicitor, deputy or family member, we guide you through each stage carefully - from identifying the evidence needed, to arranging the assessment visits, preparing the reports, and delivering a coordinated package suitable for Court of Protection use.
Initial enquiry and triage
Contact us by phone, email or through our website form. We gather the key details, explain how the statutory will package works, and identify which reports are needed for the case.
Quotation and booking
Once we understand the scope of the instruction, we provide a clear quotation, including VAT and any applicable travel costs. If you would like to proceed, we arrange the assessment appointments as quickly as possible.
Assessment visits
We attend to complete the testamentary capacity assessment and the social care needs assessment. Where needed, a second visit can be arranged to complete or clarify the care evidence and care planning requirements.
Report preparation and peer review
Our forensic scientist prepares the desktop life expectancy opinion report using the available medical, care and background evidence. We then prepare the care plan, costs review, testamentary capacity report and COP3 where required as part of the overall package.
Peer review and secure delivery
The completed reports are checked for quality and consistency, then delivered securely for solicitor and Court of Protection use. Where needed, we can also deal with reasonable minor amendments or clarification requests after delivery.
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Frequently Asked Questions
Not always at the very start of the assessment process, but statutory will applications usually do require a draft proposed will as part of the wider court application material. Practice Direction 9E and the COP1C guidance both point toward detailed supporting documentation being filed with the application.
No. This service is designed to produce the assessment and expert evidence package that supports the application. The legal drafting of the proposed statutory will and the court application documents would usually sit with the instructing solicitor or applicant. That fits the Court of Protection framework, which separates the application paperwork from the underlying expert evidence.
It can be very important. Practice Direction 9E specifically refers to evidence about present medical condition, life expectancy and likely increased expenditure in the foreseeable future, which is one reason joined-up care, cost and prognosis evidence can be so useful in these cases.
No. Lack of capacity is only one part of the picture. GOV.UK says the court must consider what the person would do if able to make a will themselves, alongside their beliefs, values, and the way they made decisions in the past.
The statutory will process usually involves COP1, COP1C and COP3, together with supporting evidence. GOV.UK’s statutory will guidance and the COP1C form guidance both make that framework clear.
Statutory Will Guides
Our statutory will guides explain how Court of Protection statutory will applications work in practice, including when a statutory will may be needed, how testamentary capacity is assessed, what evidence the court expects, and why care needs, costs and life expectancy can all be relevant. They are designed to help solicitors, deputies and families understand the process more clearly and avoid common gaps or delays in preparing evidence.
We also provide mental capacity assessments for other decisions.
If you need a mental capacity assessment for a Lasting Power of Attorney, managing finances, litigating in court, buying or selling property, acting as a trustee, retrospective capacity, or other decision-specific matters, our multidisciplinary team can help.