Testamentary Mental Capacity Assessment (Banks v Goodfellow)
Secure an independent testamentary capacity assessment that meets the Banks v Goodfellow standard and the Mental Capacity Act 2005. Our registered social-work specialists provide nationwide visits across England & Wales, delivering CPR35-compliant reports in 5–10 working days from £495 + VAT (plus mileage).
5000+
Cases
99%
Client Satisfaction
50+
Combined Years of Experience
+40
5-star ratings on Google
17
Members of Our Team
What Is Testamentary Capacity?
Testamentary capacity is a person’s legal ability to understand and approve the contents of a will. In England and Wales, the benchmark is the Banks v Goodfellow test, which asks whether the individual can:
-
Understand they are making a will and its effect,
-
Recall in broad terms the nature and value of their estate,
-
Recognise the people who might reasonably expect to benefit, and
-
Be free of any disorder or undue influence that distorts their decision-making.
Solicitors also follow the Golden Rule, recommending an independent assessment whenever a testator’s cognition, mental health or circumstances raise questions about capacity. A clear, court-ready testamentary-capacity report protects the will from future challenges, reassures beneficiaries, and helps the probate court avoid costly disputes.
Choose the Right Assessment Level
Our testamentary-capacity team offers two service tiers, ensuring every client, whether drafting a straightforward will or managing a complex, high-value estate, receives the right depth of evidence for court and probate.
Mental Capacity Assessment (MCA) — £495 + VAT (plus mileage)
A single-visit, decision-specific assessment for routine wills, Lasting Powers of Attorney or other clearly defined choices. Conducted by a registered assessor, it follows the Mental Capacity Act 2005 two-stage test and, where appropriate, includes a brief MoCA screen. You receive a CPR35-compliant report within 5–10 working days—clear, court-ready and accepted by solicitors nationwide.
Advanced Mental Capacity Assessment (AMCA) — from £895 + VAT (plus mileage)
Designed for large estates, family disputes, suspected undue influence or rapid cognitive change, the AMCA adds a bespoke psychometric battery to the standard interview. Following a short phone triage, we arrange two client visits: Visit 1 for cognitive and vulnerability testing; Visit 2 for the capacity interview. Your final pack includes a CPR35-compliant report plus an easy-to-read Psychometric Summary that quantifies cognitive, emotional and situational risk factors, ideal for cases likely to face scrutiny in court.
Title | Mental Capacity Assessment | Advanced Capacity Assessment |
|---|---|---|
Purpose | Standard will-capacity report for a single, clearly defined decision | Flagship service for high-risk or contested decisions |
Ideal for | Everyday wills, simple LPA or health-and-welfare choices | Large estates, family conflict, suspected undue influence, rapid decline |
Risk factors addressed | General MCA concerns; assessor escalates if red flags appear | Explicit focus on financial vulnerability, undue influence, cognitive decline, grief/anxiety |
Assessment structure | One visit – MCA interview (MoCA if needed) | Phone triage → Visit 1 psychometrics → Visit 2 capacity interview |
Psychometric testing | MoCA only (if required) | MoCA + Financial Vulnerability Assessment + Decision Tracker + NovoPsych scales |
Report delivered | CPR35-compliant report | CPR35-compliant report + Psychometric Summary appendix |
Turnaround | 5–10 working days | 10–14 working days (expedite on request) |
Our Testamentary Capacity Assessment Process — clear, caring, and court-ready
Why Choose Nellie Supports for Testamentary Mental Capacity Assessments?
Nellie Supports combines nationwide coverage with the dedicated attention of an experienced assessor. Every testamentary capacity assessment is carried out by a qualified professional whose credentials can be verified with Social Work England and other regulatory bodies. Our reports are prepared to comply with the Mental Capacity Act 2005, the Banks v Goodfellow legal criteria, and CPR Part 35 standards, ensuring they are accepted by solicitors, probate registries, and the courts.
We understand the importance of protecting a person’s final wishes. Our assessors take a calm, respectful approach, using clear, jargon-free language to put the individual at ease. We work closely with solicitors and families to meet the Golden Rule, reducing the risk of disputes or will challenges. When time is critical, we respond the same working day, schedule assessments promptly, and deliver fully compliant reports within 5–10 working days.
With a 4.9-star Google rating and thousands of capacity assessments completed across England and Wales, Nellie Supports offers trusted expertise and transparent service you can rely on.
Client Reviews and Testimonials
Experience peace of mind with our comprehensive social work services at Nellie Supports. Our team of registered professionals, including qualified and experienced Social Workers, is dedicated to providing exceptional care and support. From mental capacity assessments to a wide range of social work services, our experts ensure accurate evaluations, personalised guidance, and the highest standards of practice. Trust in our registered professionals for a reassuring and trusted partnership on your care journey, backed by their expertise in both social work services and mental capacity assessments.
Registered professionals giving you peace of mind
Wills, Probate and Testamentary Capacity Insights
Who Needs a Testamentary Mental Capacity Assessment?
A testamentary capacity assessment is needed when there are concerns about whether someone has the mental capacity to make or change a valid will. You may need this assessment if the person:
-
Has a diagnosis such as dementia, brain injury, or severe mental illness.
-
Appears confused, forgetful, or unable to clearly explain their wishes.
-
Is making an unusual or unexpected change to their will.
-
Has family disputes or a risk that the will might be contested in the future.
-
Needs clear evidence to protect their final wishes from legal challenge.
A thorough, independent assessment provides robust documentation to confirm the person understands the nature of making a will, the extent of their estate, and any claims against it—helping avoid costly disputes later.
For Professionals: Complying with the Golden Rule
Solicitors and other professionals are strongly advised to follow the Golden Rule, which recommends obtaining an independent assessment of testamentary capacity whenever there is any doubt. This practice helps demonstrate that you took reasonable steps to verify capacity and can be vital evidence if the will is challenged.
By instructing a qualified assessor, you can protect yourself and your client, ensuring the will reflects their true intentions and stands up to scrutiny in court.
If any of these situations apply, an independent, decision-specific assessment provides clear, court-ready evidence to protect the individual’s rights and give professionals the confidence to proceed.
Confirming Capacity and Avoiding a Family Dispute
When Mr Smith, a widower in his late seventies, told his solicitor he wanted to give his daughter £50,000 toward a house deposit, the solicitor immediately contacted Nellie Supports for advice. Our client-liaison team answered every question about fees, mileage and timelines, then emailed a clear quotation and booking options that same afternoon. The solicitor later remarked that the service “couldn’t have been more helpful,” and Mr Smith felt reassured that the assessment would be both thorough and respectful.
During the home visit our registered assessor applied the updated 2024 Mental Capacity Act test. First, the causative stage confirmed no impairment of mind or brain that might affect this decision. Next, the functional stage showed Mr Smith could understand, retain, weigh and communicate all information about the proposed gift. Drawing on Re Beaney [1978], the assessor also explored the higher level of understanding required for a substantial lifetime transfer.
Mr Smith demonstrated that he knew £50,000 was a significant share of his assets, recognised it would reduce his son’s future inheritance, and explained—clearly and consistently—that he had already paid £30,000 in university fees for his son while his daughter provided daily care. He also acknowledged possible future care costs and was comfortable that the gift would still leave him financially secure. No hint of undue influence or coercion emerged at any point.
Within a week we issued a CPR 35-compliant report confirming that Mr Smith possessed testamentary-level understanding for the lifetime gift and that his decision was informed, balanced and freely made. The solicitor filed the report alongside the transfer paperwork, confident it would serve as compelling evidence of capacity and intention should the gift ever be challenged.
Ask ChatGPT
Initial enquiry & triage
Contact us by phone, email, or via our website form. A senior coordinator will respond the same working day to discuss the will-related decision, explain fees (including VAT and mileage), and arrange an assessment at a convenient time.
Assessment appointment
A qualified assessor meets with the person—either face-to-face or via secure video. Using the MCA two-stage test and Banks v Goodfellow criteria, the assessor explores the individual’s understanding of the will, assets, beneficiaries, and consequences. The approach is gentle, respectful, and adapted to individual communication needs.
Report drafting & peer review
We produce a clear, court-ready report written to CPR Part 35 standards. It provides a narrative of the individual’s capacity at the time of the assessment, supported by evidence and relevant case law. Every report undergoes an internal legal-quality check before delivery.
Delivery & ongoing support
You receive the secure digital report within 5–10 working days. Minor amendments within 14 days are included at no extra charge, and the assessor remains available to clarify findings with solicitors or appear in court if required.