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Mental Capacity Assessment
Testamentary Capacity Assessment
Independent, Banks v Goodfellow compliant reports for Wills and probate. CPR Part 35 compliant and peer reviewed.
A testamentary capacity assessment is an independent, decision-specific assessment of whether a person has the mental capacity to make or amend a valid Will. It applies the common law test in Banks v Goodfellow (1870), which remains the legal standard for testamentary capacity in England and Wales, rather than the Mental Capacity Act 2005. Nellie Supports carries out these assessments for solicitors, will writers, deputies and families across England and Wales, with contemporaneous, defensible, CPR Part 35 compliant reporting.
£600 + VAT
Standard fee, stated before instruction
5 working days
Typical report turnaround
England and Wales
Nationwide coverage
CPR Part 35
Court-ready reporting
Nellie Supports is England and Wales' largest identified specialist private social work and mental capacity assessment practice, delivered by a permanent full-time team. Services are provided by employed, multidisciplinary professionals, not an ad hoc associate, contractor or referral-panel model. We have completed over 11,000 formal assessments and reports. This service sits alongside our full range of mental capacity assessment services.
When you may need a testamentary capacity assessment
A testamentary capacity assessment is usually needed where there is any realistic risk that a Will could later be questioned or challenged. This often arises where there are concerns about cognitive impairment, significant changes to a Will, or complex family dynamics. Obtaining contemporaneous evidence of capacity at the time the Will is made can prevent uncertainty and reduce the likelihood of future disputes.
This commonly arises where there is a diagnosis affecting memory or cognition, a new Will significantly changes previous arrangements, family members may question decisions, there are concerns about undue influence or pressure, the estate is high-value or complex, or a solicitor recommends following the Golden Rule.
The legal test for testamentary capacity
Testamentary capacity is governed by the common law test in Banks v Goodfellow (1870), not the Mental Capacity Act 2005. Applied to the specific Will in question, the four-limb test asks whether the person can:
Understand the nature and effect of making a Will
Understand the extent of the estate being disposed of
Appreciate the claims of those who might expect to benefit
Be free from any disorder of the mind that influences how the estate is left
Testamentary capacity is a legal test, not a purely medical one. A diagnosis does not decide the question on its own, and medical evidence is not always necessary. What matters is structured reasoning that applies each limb of the test to the actual Will in front of the person, producing contemporaneous evidence a solicitor, and if required a court, can rely on.
Key authority: Banks v Goodfellow (1870) LR 5 QB 549. Reports are prepared to CPR Part 35 standards where expert evidence applies.
For the framework in full, read our guide: Banks v Goodfellow and the test for making a will.
Our process, step by step
Initial enquiry and triage
We confirm the situation, identify the specific decision to be assessed, and provide a clear quote. We also advise whether a standard or enhanced assessment is most appropriate.
Quotation and booking
We provide a clear, upfront quotation based on the circumstances of the case, so you know exactly what is involved before proceeding.
Assessment appointment
A qualified assessor meets the person at home, in a care setting, in hospital, or by secure video. The assessment is a calm, structured conversation applying the Banks v Goodfellow test, adapted to the person's needs.
Report preparation and peer review
We prepare a CPR Part 35 compliant report that sets out the reasoning and links the findings directly to the legal test. Reports are reviewed internally before release as part of our quality control.
Secure delivery
The completed report is returned securely by email, typically within ten working days of the assessment. Where needed, we deal with reasonable minor amendments and provide clarification after delivery.
Inside a Nellie Supports report
Every report follows a structure a court, solicitor or professional can scrutinise: evidence, reasoning and conclusion in a traceable line, linked directly to the legal test.
Instruction and the specific Will decision assessed
Documents reviewed, including the draft or current Will where available
The Banks v Goodfellow test and the relevant information
Assessment method and practicable support provided
Findings and observations
Consideration of undue influence and vulnerability
Reasoning and professional opinion
Limitations, declarations and appendices
Testamentary capacity assessment fees and timescales
£600 + VAT
Standard fee. VAT at 20% and travel costs are not included. Enhanced assessment from £3,500 + VAT.
Home visit, care setting, hospital or secure video assessment
The Banks v Goodfellow test applied to the specific Will
Assessment by MCA-trained registered social workers
Optional Montreal Cognitive Assessment (MoCA) where appropriate
Consideration of undue influence and vulnerability
A legally structured, CPR Part 35 compliant report, peer reviewed before release
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Standard or Enhanced Assessment, which is right?
We offer two levels of testamentary capacity assessment, matched to the complexity of the situation and the level of legal risk. For most Wills, a standard assessment provides clear, proportionate and defensible evidence. Where the risk of challenge or scrutiny is higher, a more detailed approach is appropriate.
Standard Assessment
£600 + VAT
- Single assessment appointment
- Banks v Goodfellow test applied in full
- Optional MoCA cognitive screening
- CPR Part 35 compliant report
Suitable for most straightforward Wills.
Enhanced Assessment (EMCA)
£3,500 + VAT
- Two-stage assessment process
- Extended psychometric testing (MoCA plus additional tools)
- Financial vulnerability and decision-making analysis
- Emotional and psychological screening
- Detailed psychometric appendix included
Designed for contested, high-value or high-risk Wills.
A full-time, multidisciplinary team
Nellie Supports is built on an employed, permanent team: registered social workers, a Chartered Psychologist and specialist assessors working together to one standard, with every report peer reviewed by a second qualified professional. Your assessment is never passed to an associate bank or referral panel.
The right professional for the decision
Capacity questions range from care and residence to complex cognition and prognosis. A multidisciplinary team means the discipline is matched to the decision, not to whoever is available.
One consistent standard
The team works together full time, so every assessment follows the same methodology and peer review is built into every report rather than bolted on.
Accountability you can name
Your report is signed by an employed professional who answers for their work, and the practice stands behind it.
Continuity, not hand-offs
The people who take your enquiry, carry out the assessment and review the report all work in one practice, so nothing is lost between stages.
How this works in practice
The situation
A solicitor instructed Nellie Supports in relation to Mrs H, who was preparing a new Will involving a substantial estate valued at over £4 million. Mrs H wished to exclude one of her adult sons, citing long-standing estrangement, and there was a strong likelihood the Will would be contested after her death.
Why an enhanced assessment
The solicitor recognised that a standard testamentary capacity assessment might not withstand the inevitable legal challenge, and instructed an Enhanced Mental Capacity Assessment so the evidence was both clinically rigorous and legally robust.
What the assessment involved
We began with a detailed history call, reviewing Mrs H's medical background, family dynamics and previous will-making. The enhanced process then brought together a decision-specific assessment applying the Banks v Goodfellow test, a structured enquiry into vulnerability and any undue influence, and targeted psychometric input, so the final opinion rested on a broad and defensible evidence base.
Why it mattered
High-value Wills that exclude a close relative are among the most likely to be challenged. A detailed evidential picture, gathered at the time the Will is made, is what allows that evidence to stand up if the Will is later contested.
Details have been changed to protect confidentiality and shared with consent.
Why families, solicitors and deputies choose Nellie Supports
Banks v Goodfellow expertise
Applied clearly and consistently to the specific Will, not as a general opinion.
CPR Part 35 compliant reports
Structured, legally literate reporting suitable for court and contentious probate.
Straightforward and contested cases
Experience across both routine Wills and high-risk, disputed matters.
Undue influence and vulnerability
We evidence whether the Will genuinely reflects the person's own wishes.
Decision-specific, not general
Structured assessments tied to the actual decision, not a general impression.
Employed, not outsourced
A permanent full-time multidisciplinary team, not an ad hoc panel of associates.
Testamentary capacity assessment FAQs
What is the Banks v Goodfellow test?
It is the common law test for whether someone can make a valid Will. The person must understand the nature and effect of making a Will, understand the extent of their estate, appreciate the claims of those who might expect to benefit, and be free from any disorder of the mind that influences how the estate is left.
Do I need a medical professional for the assessment?
Not necessarily. Medical evidence can be relevant, but testamentary capacity is a legal test, not a purely clinical one. What matters is that the assessment applies the Banks v Goodfellow criteria to the specific Will with structured reasoning that can withstand scrutiny. Our assessors are registered social workers experienced in capacity assessment, and we draw on cognitive screening where it adds weight.
Can someone make a Will if they have dementia or memory problems?
Yes, in many cases. A diagnosis does not automatically mean a person lacks capacity. The question is whether they can understand and make the specific decision at the time the Will is made. Capacity can fluctuate, and each situation is assessed on its own facts.
How do you assess for undue influence?
Undue influence is not decided by a single test, but by considering the wider context. We explore relationships, dependency, vulnerability and the consistency of the person's decision-making, alongside their ability to explain their own reasoning. This helps evidence whether the decision is genuinely their own.
What is the difference between a standard and an enhanced assessment?
A standard assessment is a single, decision-specific assessment suitable for most Wills. An Enhanced Mental Capacity Assessment (EMCA) is for higher-risk or contested cases, adding psychometric testing, financial vulnerability analysis and a two-stage process.
What happens if the person is found to lack capacity?
They cannot make or amend a valid Will themselves. In those circumstances it may be appropriate to apply to the Court of Protection for a statutory Will, where the court decides what the Will should say based on the person's best interests.
What if the assessment does not reach the conclusion we hoped for?
Our assessments are independent, and that independence is what gives the report its value. We do not begin from a preferred answer. We assess the specific decision on its merits and record the reasoning, whatever the conclusion. A report that only ever confirmed what was hoped for would carry no weight with a solicitor, the Court of Protection or anyone else relying on it.
Guides and expert insights on testamentary capacity
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
Undue influence and testamentary capacity assessments
Evidencing that the Will reflects the person's own wishes
Testamentary capacity versus statutory will applications
When a statutory Will is the right route
Other assessment types
We also provide mental capacity assessments for other decisions. If you need an assessment for managing finances, granting a Lasting Power of Attorney, a Court of Protection application, or another decision-specific matter, our team can help.
Capacity to Manage Finances
Independent, decision-specific assessment of capacity to manage money, property and financial affairs.
Capacity to grant a Lasting Power of Attorney
Where the question is making an LPA, not day-to-day finances.
COP3 mental capacity assessment
For Court of Protection deputyship applications.
Nellie Supports provides independent social work assessment, evidence and advocacy support. We do not provide regulated legal advice, and where a legal remedy is needed we will say so and support your solicitor's work.
Arrange your testamentary capacity assessment
Tell us about the Will and the circumstances and we will confirm whether a standard or enhanced assessment is right, the fee, and the earliest appointment.
Written by Ben Slater, Founder and Managing Director, Nellie Supports. Read our editorial policy.