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Testamentary Capacity Assessment
Banks v Goodfellow Compliant, Court-Ready Reports
If a Will may be questioned, the issue is not simply whether someone had a diagnosis or appeared vulnerable. The legal question is whether they had the specific capacity to make that Will at the time it was executed.
At Nellie Supports, we provide independent testamentary capacity assessments that apply the Banks v Goodfellow test, producing clear, structured, and defensible evidence for solicitors, will writers, and families. Our reports are designed to withstand scrutiny in contentious probate matters and reduce the risk of future disputes.
Whether you are drafting a Will, responding to concerns about capacity, or seeking to protect a client from challenge, we provide fast, nationwide assessments with court-ready reporting and ongoing professional support.
Trusted by Thousands. Guided by Experience. Committed to You.
100% Coverage
We provide 100% coverage across England and Wales, making it easier for families, solicitors, deputies and professionals to access specialist assessments wherever they are needed. Our service is designed to be responsive, consistent and available nationally.
100+Years Experience
Our team brings together well over 100 years of combined professional experience across social work, mental capacity, safeguarding, care planning and specialist assessment practice. This depth of experience helps us approach each assessment with confidence, clarity and professional judgement.
4.9 * Rating on Google
Rated 4.9 stars on Google, our reviews reflect the trust placed in us by families, solicitors, case managers and other professionals. We are proud to be recognised for clear communication, reliable support and high-quality assessment reports.
11,000+ Assessments and Reports
With over 11,000 assessments completed, we have extensive experience supporting a wide range of decision-specific needs. Our reports are structured, evidence-based and prepared with the practical requirements of families, professionals and legal settings in mind.
What’s Included as Standard
Every Nellie Supports testamentary capacity assessment includes the full assessment process that underpins our standard mental capacity work, specifically adapted for Will-making and the Banks v Goodfellow legal test.
Home Visit or Video Call
We arrange either a home visit or secure video assessment, depending on what is most appropriate for the individual, their needs, and the circumstances surrounding the Will.
Calm, Professional and Person-Centred Assessment.
The assessment is carried out in a respectful and structured way, with careful attention to the person’s communication style, presentation, and any cognitive or emotional factors that may affect decision-making.
Banks v Goodfellow Decision-Specific Assessment
The assessment focuses on the specific decision to make or amend a Will, applying the Banks v Goodfellow criteria in detail rather than providing a general or diagnostic opinion about capacity.
Mental Capacity Act Compliant
Every assessment is completed in line with the Mental Capacity Act 2005 and applies the legal test to the specific decision in question.
Legally Structured and Defensible
Every assessment clearly applies the relevant legal framework, ensuring the reasoning is transparent, structured, and capable of withstanding scrutiny in contentious probate matters.
Montreal Cognitive Assessment (MoCA)
Where appropriate, we include a Montreal Cognitive Assessment as part of the supporting evidence. This is particularly valuable where there is no formal diagnosis, but objective evidence of cognitive functioning is still required.
Consideration of Undue Influence and Vulnerability
Testamentary capacity assessments also consider whether there are indicators of undue influence, coercion, or vulnerability, ensuring the decision reflects the person’s own wishes.
At the end of the service, you receive a clear, structured report that sets out the assessment, applies the Banks v Goodfellow test, and provides independent, contemporaneous evidence that can be relied upon by solicitors and, if required, the court.
Testamentary Capacity Assessment Fees and Timescales
Single Decision COP3 Assessment
Dual Decision COP3 Assessment
Travel time, where applicable
£600.00
£1100.00
£50.00 per hour
5 to 10 Working Days
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.
Standard or Enhances Assessment – Which Is Right?
We offer two levels of testamentary capacity assessment depending on the complexity of the situation and the level of legal risk involved. In most cases, a standard assessment provides clear, proportionate, and defensible evidence. However, where there is a higher risk of challenge or scrutiny, a more detailed approach may be appropriate.
A standard testamentary capacity assessment involves a single, decision-specific assessment applying the Banks v Goodfellow test, supported where appropriate by cognitive screening. This is suitable for the majority of cases where the decision is clear, circumstances are stable, and there is no significant concern about dispute or undue influence.
An Enhanced Mental Capacity Assessment (EMCA) is designed for higher-risk situations, such as large estates, family conflict, suspected undue influence, or cases likely to be challenged. It introduces additional layers of evidence—including psychometric testing, vulnerability analysis, and a two-stage assessment process—to create a more robust and defensible evidential position.
Standard Assessment
Single assessment appointment
Banks v Goodfellow test applied
Optional MoCA cognitive screening
CPR Part 35-compliant report
Suitable for most straightforward cases
Enhanced Assessment (EMCA)
Two-stage assessment process
Extended psychometric testing (MoCA + additional tools)
Financial vulnerability and decision-making analysis
Emotional and psychological screening
Detailed psychometric appendix included
Designed for contested, high-value, or high-risk cases
If you are unsure which level of assessment is appropriate, our team can guide you based on the specific circumstances and level of risk involved.
Why People Choose Nellie Supports for Testamentary Capacity Assessments
Choosing the right professional for a testamentary capacity assessment matters. The strength of the evidence, the clarity of the reasoning, and how the legal test is applied can directly affect whether a Will is upheld or challenged. Our assessments are designed not just to reach a conclusion, but to produce clear, defensible evidence that can withstand scrutiny.
At Nellie Supports, testamentary capacity assessments are a core part of our work. Our assessors apply the Banks v Goodfellow test in a structured, decision-specific way, supported by clinical insight where appropriate. We consider not only cognitive functioning, but also factors such as vulnerability, undue influence, and the wider context in which the Will is being made.
With thousands of mental capacity assessments completed across England and Wales, our team brings a depth of experience that is difficult to replicate in isolated or one-off assessments. This allows us to provide consistent, high-quality reporting, even in complex or high-risk cases.
What sets our assessments apart:
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Banks v Goodfellow expertise applied clearly and consistently
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CPR Part 35-compliant reports suitable for legal scrutiny
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Experience across straightforward and contested cases
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Consideration of undue influence and vulnerability
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Structured, decision-specific assessments (not general opinions)
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Nationwide service with consistent availability
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Multidisciplinary insight across social work and cognitive assessment
What happens during the assessment
Not all capacity assessments are equal. Reports that are vague, overly brief, or fail to apply the legal test properly can lead to:
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delays in legal processes
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increased risk of challenge
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additional costs for further evidence
A well-structured testamentary capacity assessment avoids these issues by providing clear, legally reasoned evidence from the outset.
A testamentary assessment will usually involve:
A Structured, Decision-Specific Conversation
The assessment is carried out as a calm, professional conversation, focused specifically on the person’s ability to make or amend their Will. The assessor will explore the Banks v Goodfellow criteria in a way that is adapted to the individual’s communication style and needs.
Understanding the Will and Its Impact
The person will be supported to explain:
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their understanding of what a Will is and what it does
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the nature and extent of their assets
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who they wish to benefit and why
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any changes from previous Wills
This helps evidence not just recall, but reasoning and decision-making.
Exploring Wider Factors
Where relevant, the assessor will also consider:
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cognitive functioning and memory
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the impact of any diagnosis or impairment
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emotional factors such as grief, anxiety, or pressure
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any indicators of undue influence or vulnerability
Optional Cognitive Screening
Where appropriate, tools such as the Montreal Cognitive Assessment (MoCA) may be used to provide additional objective evidence of cognitive functioning.
Clear, Structured Reporting
Following the assessment, all findings are set out in a CPR Part 35-compliant report, with clear reasoning linked directly to the legal test. This ensures the outcome is transparent, defensible, and suitable for legal use if required.
Documents and information to prepare
You do not need to prepare anything formal before a testamentary capacity assessment. The process is designed to be guided and supportive, and the assessor will adapt the conversation to the individual’s needs and circumstances.
However, having certain information available can help ensure the assessment is as clear, efficient, and accurate as possible - particularly where there are complexities around the Will, assets, or family situation.
It may be helpful to have access to:
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A copy of the current or draft Will (if available)
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Details of any previous Wills or significant changes
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A general overview of assets and estate (no exact figures required)
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Information about family members or intended beneficiaries
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Any relevant medical history or diagnoses
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Details of professionals involved (e.g. solicitor or will writer)
Where relevant, this information allows the assessor to build a more complete picture of the decision being made and provide clearer, better-supported evidence of capacity.
Important
If any of this information is not available, the assessment can still go ahead. We will work with whatever information is available at the time.
What happens if the person lacks capacity?
If the assessment concludes that the person does not have testamentary capacity, this does not mean the process has failed. In many cases, the assessment is commissioned precisely because there are concerns about capacity, and obtaining a clear, independent conclusion can protect the individual and those involved.
In some situations, a finding of no capacity can be an important safeguard. For example, where there are concerns about undue influence, pressure, or vulnerability, the assessment helps ensure that a Will is not created where the person is unable to make that decision freely and with full understanding.
If a person lacks testamentary capacity, they are not able to make or amend a valid Will themselves. In these circumstances, it may be appropriate to apply to the Court of Protection for a statutory Will, where the court determines what the Will should say based on the person’s best interests.
Who This Assessment Is For
Our testamentary capacity assessment service is designed for individuals, families and professionals who need clear, independent evidence about whether someone can make or amend a valid Will.
This includes situations where there may be concerns about capacity, vulnerability, or the risk of future dispute. The assessment provides a structured application of the Banks v Goodfellow test, ensuring the decision is properly evidenced at the time it is made.
It is commonly used where there is a need to protect the validity of a Will and reduce the risk of challenge, particularly in complex or sensitive circumstances.
Our testamentary capacity assessments are typically commissioned by:
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individuals making or updating a Will
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families concerned about a relative’s capacity or vulnerability
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solicitors and will writers seeking clear, defensible evidence
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executors or professionals managing risk in estate planning
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professionals involved in disputes or contentious probate matters
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. In these situations, obtaining contemporaneous evidence of capacity can prevent uncertainty and reduce the likelihood of future disputes.
In practice, the assessment is used to create clear, independent evidence at the time the Will is made, rather than relying on retrospective opinion later.
This commonly arises where:
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there is a diagnosis affecting memory or cognition
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a new Will significantly changes previous arrangements
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family members may question decisions
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there are concerns about undue influence or pressure
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the estate is high-value or complex
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a solicitor recommends following the “Golden Rule”
What Is a Testamentary Capacity Assessment?
A testamentary capacity assessment is a decision-specific legal assessment that determines whether a person has the mental capacity to make or amend a valid Will.
Capacity for this decision is assessed under the common law test established in Banks v Goodfellow (1870). This requires consideration of the person’s understanding of the Will, their assets, and the claims of potential beneficiaries, as well as whether any mental impairment affects their decision-making.
It is not a general opinion about whether someone “has capacity.” It focuses specifically on whether they can make this particular decision at the time it needs to be made.
The Legal Test for Testamentary Capacity
A testamentary capacity assessment must apply the Banks v Goodfellow test to the specific decision of making or amending a Will.
In practice, this involves assessing whether the person can understand the nature of making a Will, the extent of their estate, and the claims of potential beneficiaries, and whether any disorder of the mind affects their ability to make decisions.
The question is not whether the person has a diagnosis or appears vulnerable. The question is whether they can make this specific decision with sufficient understanding and reasoning.
Why Decision-Specific Assessment Matters
Mental capacity is never assessed in general terms. It must always relate to the specific decision that needs to be made
For testamentary capacity, this means understanding the actual Will, the people involved, and the consequences of the decisions being made. A general impression of functioning is not enough to provide reliable legal evidence.
A strong assessment focuses on the real decision in front of the person, ensuring the evidence is relevant, clear, and legally meaningful.
What the Assessor Evaluates
A robust testamentary capacity assessment does more than reach a conclusion. It explains how that conclusion has been reached.
During the assessment, the assessor considers the person’s understanding of the Will, their ability to retain and weigh relevant information, their reasoning about beneficiaries, and whether any impairment or vulnerability affects decision-making.
This ensures the report provides clear, structured evidence, rather than relying on assumptions or general impressions.
Our Approach to the Assessment
At Nellie Supports, the assessment is carried out as a structured, supportive conversation, designed to help the person engage with the decision as fully as possible.
The approach is adapted to the individual’s needs, communication style, and any cognitive or emotional factors. The aim is not to test or catch the person out, but to support meaningful participation in the decision-making process.
The written report serves a different purpose - providing clear, evidence-based reasoning linked to the legal test, suitable for professional and legal use.
Common Questions About Testamentary Capacity Assessments
Not necessarily. While medical evidence can be relevant, testamentary capacity is a legal test, not a purely clinical one. What matters is that the assessment clearly applies the Banks v Goodfellow criteria to the specific decision, with structured reasoning that can withstand scrutiny.
Yes, in some cases. A diagnosis does not automatically mean a person lacks capacity. The key question is whether they can understand and make the specific decision at the time the Will is created. Capacity can fluctuate, and each situation must be assessed individually.
No. The assessment is carried out as a calm, supportive conversation, adapted to the individual’s needs and communication style. The aim is to help the person engage with the decision as fully as possible, not to test or pressure them.
In most cases, we can arrange an assessment within a few days, depending on location and availability. Reports are typically delivered within 7–14 days, with faster turnaround available where required.
Why families, solicitors and deputies choose Nellie Supports
When a case is straightforward, many providers can offer a testamentary capacity assessment. When a case is complex, high-value, or likely to be challenged, the quality of the assessment and the strength of the reasoning become critical.
At Nellie Supports, our work is built around decision-specific testamentary capacity assessments that apply the Banks v Goodfellow test in a clear, structured and legally meaningful way. We understand that these cases often involve a combination of legal risk, vulnerability, family dynamics and safeguarding concerns. That is why we focus not just on reaching a conclusion, but on showing clearly how that conclusion has been reached.
Families choose us because we take time to understand the person, not just the Will. Professionals choose us because our reports are structured, legally literate and aligned to the realities of contested probate work. Solicitors choose us because we understand what makes an assessment more robust, more defensible, and more useful where the validity of a Will may later be questioned.
Our assessors are part of a full-time multidisciplinary team, not an ad hoc panel of associates. This means every case benefits from consistent experience, internal peer discussion, and strong quality control. Where required, we can also draw on wider evidential work - including cognitive testing, vulnerability analysis, and additional assessment input - to ensure the final opinion is supported by a broader evidential foundation.
In short, people choose Nellie Supports because we combine a person-centred approach with structured legal reasoning, producing assessments that are both compassionate in delivery and robust in evidence.
In higher-risk cases, the strength of the reasoning is often as important as the conclusion itself.
Our Process – Step by Step
Our process is designed to be clear, efficient and supportive from start to finish. From your initial enquiry through to the final report, each step is structured to ensure the assessment is decision-specific, legally robust, and completed without unnecessary delay, while remaining sensitive to the individual’s needs.
Initial enquiry and triage
Contact us by phone, email or online form. A member of our team will respond the same working day to confirm the situation, identify the specific decision that needs assessing, and provide a clear quote. We will also advise whether a standard or advanced assessment is most appropriate.
Quotation and booking
We provide a clear, upfront quotation based on the circumstances of the case, including whether a standard or advanced assessment is most appropriate. This ensures you understand exactly what is involved before proceeding.
Assessment appointment
A qualified assessor meets the individual at home, in a care setting, hospital, or via secure video. The assessment is carried out as a calm, structured conversation, applying the Banks v Goodfellow criteria and adapted to the person’s needs.
Report preparation and peer review
Following the assessment, a CPR Part 35-compliant report is prepared, clearly setting out the reasoning and linking findings to the legal test. The report is securely delivered, usually within 7–14 working days, with ongoing support available if needed.
Secure delivery
Your completed COP3 documentation is returned securely by email, usually within 5 to 10 working days. Where needed, we can also deal with reasonable minor amendments and provide clarification after delivery.
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Frequently Asked Questions
Undue influence is not determined by a single test, but by considering the wider context. During the assessment, we explore factors such as relationships, dependency, vulnerability, and consistency of decision-making, alongside the person’s ability to explain their reasoning. This helps identify whether decisions are genuinely their own.
Any assessment can be scrutinised, particularly in contentious probate cases. However, a clear, well-reasoned report that properly applies the legal test significantly reduces the risk of successful challenge.
A standard assessment is suitable for most situations and involves a single decision-specific assessment. An advanced assessment is designed for higher-risk or contested cases, adding further evidence such as psychometric testing, vulnerability analysis, and a more detailed evidential framework.
Yes. Our reports are structured, clearly reasoned, and aligned with the relevant legal framework, making them suitable for use by solicitors and, where required, for court scrutiny.
If the person does not have testamentary capacity, they cannot make or amend a valid Will themselves. In these situations, it may be appropriate to apply to the Court of Protection for a statutory Will, where the court determines what the Will should say based on their best interests.
Guides and Expert Insights on Testamentary Capacity
Explore our expert guidance on testamentary capacity, including detailed explanations of the Banks v Goodfellow test, how assessments are carried out in practice, and the issues that commonly arise in contentious probate and will disputes. These guides are designed to support families, solicitors, and professionals who need a clear, practical understanding of how capacity is assessed and evidenced.
Testamentary capacity versus statutory will applications
Explains the difference between testamentary capacity and statutory will applications. Covers relevant information, practicable support, evidence and common report risks under the Mental Capacity Act 2005 for families, solicitors and professionals.
Solicitor instructions and evidence in will capacity assessments
Explains solicitor instructions and evidence in will capacity assessments. Covers relevant information, practicable support, evidence and common report risks under the Mental Capacity Act 2005 for families, solicitors and professionals.
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.