# Testamentary Capacity Assessments | Banks v Goodfellow | Nellie Supports Source: https://www.nelliesupports.com/services/mental-capacity-assessments/testamentary-capacity-assessment Canonical: https://www.nelliesupports.com/services/mental-capacity-assessments/testamentary-capacity-assessment # Testamentary capacity assessment When there is a question about someone’s capacity to make a will, the assessment must address the will they intend to make, their estate and the people whose claims they need to consider. We provide an independent opinion under the relevant testamentary-capacity principles, with the evidence and reasoning clearly explained. Does the person have the testamentary capacity to make or change this particular will? We work from the proposed will and relevant background, not a general test of memory or ability to manage money. The report explains the evidence and our opinion on testamentary capacity. It does not draft the will or guarantee that it cannot be challenged. Assessments for families and professional referrers across England and Wales. A written report on the agreed capacity question, with evidence, reasoning and limitations. ## Start with the intended will A solicitor may request evidence because of memory difficulties, a significant change from an earlier will or concern about a future challenge. The person’s own intentions remain the starting point. Making a will is a distinct decision; being unable to manage finances does not automatically prevent someone making one. ### A change in who will inherit If someone is being included, excluded or treated differently from before, the assessor needs the relevant family history and the person’s reasons. An unpopular decision is not automatically an inability to make a will. ### A complex estate or distribution Trusts, conditions, businesses or complicated family arrangements can require more explanation and evidence. We agree the necessary scope rather than assuming the standard appointment answers every instruction. ### A time-sensitive instruction Tell us the intended execution date, the person’s circumstances and any change in health. We confirm what can be arranged; do not assume an urgent visit or completed report is available until agreed. ## The testamentary capacity question We apply the test in Banks v Goodfellow. Testamentary capacity is not assessed using the Mental Capacity Act 2005 test. - Understanding the nature of making a will and its effects. - Understanding the broad extent of the property they are disposing of. - Being able to comprehend and appreciate the claims of people they ought to consider. - Whether a mental disorder distorts their feelings, judgement or decision-making about who should benefit, or a delusion leads to a disposition they would not otherwise make. ### The actual intentions We discuss the proposed distribution, relevant people and reasons for significant changes. The person does not need to recite every asset value from memory. The assessment must still address the information that matters to their will. ### Support and reliable evidence Clear explanations, written information, breaks and the right setting can help. We consider the relevant records, the person’s account and observations, identifying their sources rather than treating family disagreement as proof. ### What the report explains The report identifies the will or instructions considered, the legal question, relevant evidence and support. It sets out the reasons for our opinion and its limitations, and is peer reviewed before secure delivery. Concerns about pressure are recorded separately from capacity. ## Working with the person and their solicitor ### Agree the instruction Tell us why the assessment is requested, the intended will and any medical-evidence or court requirements. We confirm whether the standard service fits or further work needs scoping. ### Prepare the documents Provide the draft will or clear instructions, earlier relevant wills and background. We agree the fee, timetable, setting and communication support. ### Assess before the relevant decision The assessor explores the proposed will with the person. The timing needs to relate to the will-making decision; a materially changed draft or changed abilities may require further consideration. ### Receive the opinion The written report is peer reviewed and delivered securely. Witnessing may be included where the will is ready, capacity is established at the visit and the arrangements have been agreed. ## Documents and background that matter Start with the decision, who needs the report and any deadline. We will explain which documents would help and how to share them securely. Please use the general enquiry form for a short summary; medical, legal and financial records should be sent through the secure route agreed with our team. - The current draft will or the person’s clear proposed instructions. - Earlier relevant wills and an explanation of the important changes. - A proportionate outline of the estate, including any trusts or business interests relevant to the proposal. - Relevant family relationships, dependants and people included or excluded. - The person’s reasons and any separate concerns about pressure or influence. - Relevant medical records, earlier assessments and communication needs. - The intended signing date and any specific solicitor or court evidence requirements. ## Fees and any additional evidence The standard testamentary capacity assessment and report cost £720 including VAT. Relevant-record review, peer review and secure delivery are included. Witnessing can be included if the will is ready and capacity is established at the visit, with arrangements agreed in advance. ### Testamentary capacity assessment £720 including VAT (£600 net; £120 VAT). Assessment and written report on capacity to make, amend or sign the agreed will. Witnessing can be included if the will is ready and capacity is established at the visit; arrangements must be agreed beforehand. Mental capacity assessment reports are delivered within five working days of the completed assessment. Appointment dates are arranged through our reception and client liaison team. ### Is your case more complex? The assessment and fee on this page cover our standard service, which is suitable for most instructions. If your case is more complex, high-risk or potentially contested, additional evidence may help. We can advise on the appropriate scope before booking. [Explore Advanced and Enhanced assessments](https://www.nelliesupports.com/services/mental-capacity-assessments/complex-capacity-assessments) [Enhanced assessment: separately scoped additional work](https://www.nelliesupports.com/services/mental-capacity-assessments/enhanced-mental-capacity-assessment) All travel is charged separately at £48 per hour including VAT (£40 excluding VAT). We agree the cost of any additional work before it starts. More extensive evidence, a retrospective opinion or a statutory-will instruction is separately scoped. Private clients pay in advance. Professionals and businesses are offered 30-day payment terms. We can arrange interpreters at an additional cost, agreed before booking. ## Questions about testamentary capacity ### Can someone with dementia make a will? They may retain testamentary capacity. The diagnosis alone does not determine it. The assessment must address the intended will, relevant information and their abilities at the time. ### Does your report satisfy the “golden rule”? The golden rule is best-practice guidance about medical involvement when an older or seriously ill person makes a will. It concerns a medical practitioner assessing and recording capacity and understanding, with approval or witnessing of the will; it is not itself a test of validity. A social-work report does not automatically fulfil that medical role. Tell us the solicitor’s requirements before booking so the right evidence and professional involvement can be agreed. ### Does the person have to leave their estate equally? No. The assessment is not a judgement about whether the distribution is fair. It considers the relevant legal test, including the people whose claims the person needs to appreciate. ### Can the report prove there was no undue influence? No. Capacity and undue influence are separate issues. Relevant concerns may be recorded, but an assessment does not resolve every question about pressure or the legal validity of the will. ### What if the person cannot make the will themselves? The report explains the opinion and evidence. The solicitor may need to consider a statutory-will application or other appropriate advice. That is a separate process and not included automatically in this service. ### Can you assess a will made in the past? That requires a separately scoped retrospective opinion using evidence from the relevant time. The ordinary service here is not a determination of the validity of a deceased person’s will. ### Does witnessing mean all execution formalities are covered? No. Any witnessing support must be agreed in advance. It does not include drafting the will or a guarantee that every legal formality or validity requirement has been met. ## Sources and related assessments The testamentary capacity test is distinct from the Mental Capacity Act 2005 test. We agree the intended will, relevant evidence and any specific reporting requirements before the assessment. [Scott v Scott [2025] EWHC 2796: Banks v Goodfellow principles (judgment PDF)](https://www.judiciary.uk/wp-content/uploads/2025/10/Scott-v-Scott_AS_RELEASED.pdf) [Law Commission wills report: discussion of the golden rule (PDF)](https://cdn.websitebuilder.service.justice.gov.uk/uploads/sites/54/2025/05/Wills-Report-Volume-I-Report-Final.pdf) [Our professional standards](https://www.nelliesupports.com/about-nellie-supports/professional-standards) ### Explore the detail [Retrospective capacity assessment](https://www.nelliesupports.com/services/mental-capacity-assessments/retrospective-mental-capacity-assessment) [PA14 probate assessment](https://www.nelliesupports.com/services/mental-capacity-assessments/pa14-probate-mental-capacity-assessment) Content draws on the existing Nellie Supports service page and the sources above. Fees are taken from the service catalogue supplied on 13 October 2026. This trial rewrite has not received new clinical or legal sign-off. --- Nellie Supports Ltd · 0333 987 5118 · nellie@nelliesupports.com Office 11 and 12, Unit 20, Springfield Business Park, Grantham, NG31 7FZ