Testamentary Mental Capacity Assessments — Meeting the Banks v Goodfellow Standard
Nellie Supports provides expert testamentary mental capacity assessments across England and Wales. Our testamentary capacity assessments determine whether an individual has the mental capacity to make or amend a valid will, applying the Banks v Goodfellow test established in 1870. With over 6,000 assessments completed and a 4.9-star rating from 122+ clients, we deliver court-ready CPR Part 35 compliant reports within 5-10 working days nationwide.
Trusted by Thousands. Guided by Experience. Committed to You.
6,000+
Assessments Delivered
50+ Years
Combined Expertise
99%
Client Satisfaction
100%
Coverage of England & Wales
What is a Testamentary Mental Capacity Assessment?
A testamentary mental capacity assessment is an independent evaluation conducted by a qualified professional to determine whether a person has the mental capacity to make or change their will. The assessment applies the Banks v Goodfellow test, which has been the legal standard for testamentary capacity in England and Wales since 1870.
The Banks v Goodfellow test requires that the testator:
• Understands the nature of making a will and its effects
• Understands the extent of the property being disposed of
• Comprehends and appreciates the claims to which they ought to give effect
• Has no disorder of the mind that perverts their sense of right or prevents the exercise of natural faculties
Our testamentary mental capacity assessments thoroughly evaluate all four criteria, providing solicitors, will writers, and families with the contemporaneous evidence needed to protect the validity of a will and reduce the risk of future disputes.
When You Need It, Who Can Do It, and What It Costs
01
When You’ll Need a Testamentary Mental Capacity Assessment
A testamentary mental capacity assessment provides independent, court-ready evidence that a person understood the nature and effect of making or changing their will.
You should commission an assessment when:
✅ A solicitor, executor, or family member questions whether the testator had capacity
✅ There are concerns about undue influence, coercion, or cognitive impairment (dementia, stroke, delirium)
✅ A will was made or changed during ill health, hospitalisation, or cognitive decline
✅ A new will significantly departs from previous intentions (disinheriting family, unexpected beneficiaries)
✅ There is risk of will disputes or contentious probate proceedings
✅ An executor or professional deputy requires formal evidence before distributing an estate
Early assessment protects all parties - testators, beneficiaries, and legal professionals - by providing clear, defensible evidence of capacity.
02
Where We Perform the Assessment
We conduct testamentary mental capacity assessments nationwide — from London to Manchester, Birmingham to Cardiff, and everywhere in between.
Assessment locations include:
✅ Private homes (most common and comfortable)
✅ Care homes and residential settings
✅ Hospitals (acute or rehabilitation wards)
✅ Solicitors' offices
✅ Video assessments (where appropriate)
Face-to-face assessments are our preference wherever possible, ensuring the highest quality evidence. Our assessors travel nationwide to meet clients in their preferred setting.
03
Who Can Conduct It & What Makes Ours Different
We are the UK's largest private social work practice and leading provider of mental capacity assessments nationwide.
Our Full-Time Assessment Team:
-
✅ Registered Social Workers (Social Work England and Social Care Wales)
-
✅ Qualified Psychologists registered with BPS
-
✅ Experienced Health & Social Care Professionals
Every assessor works exclusively for us - no divided loyalties, just deep expertise and hundreds of assessments completed.
What Solo Practitioners Can't Offer:
Unlike freelance assessors working alone, our team is backed up by:
✅ SRA-regulated solicitor -
✅ Forensic scientist
✅ Specialist customer liaison team
✅ Peer review process - every report reviewed by senior professionals before release
You're not hiring an individual - you're engaging an entire organisation built to deliver court-ready, defensible evidence.
Proven Track Record:
-
4.9-star rating (122+ reviews)
-
Court-ready reports (CPR Part 35 compliant)
-
7–14 day turnaround (7 days for video assessments)
-
Nationwide coverage across England & Wales
04
Cost / Pricing
Standard testamentary mental capacity assessment: £496.00 + VAT
This includes:
✅ Full face-to-face (or video) assessment interview
✅ Review of medical records, previous wills, and supporting documents (where made available to us)
✅ Application of Banks v Goodfellow test and Mental Capacity Act 2005 principles
✅ Comprehensive, legally structured report (15–25 pages)
✅ Peer review by senior team members
✅ CPR Part 35 compliance for court proceedings
✅ Ongoing support and clarification if required
Additional costs:
-
Assessor travel: Charged at £40 per hour
Video assessments: Same price, 7-10 day turnaround, no travel costs.
No hidden fees. No surprises. Just transparent, professional service.
Our Testamentary Mental Capacity Assessment Options
We provide two levels of testamentary capacity assessments, depending on the complexity of the case and the level of scrutiny required:
Mental Capacity Assessment
Advanced Mental Capacity Assessment
Our flagship one-visit service for straightforward, decision-specific matters such as routine wills, Lasting Powers of Attorney, property transactions or day-to-day health-and-welfare choices. A registered assessor applies the MCA 2005 two-stage test, adding a MoCA cognitive screen whenever helpful. You receive a clear, CPR 35-compliant report within 5–10 working days—fast, court-ready, and accepted by solicitors nationwide.
Our Mental Capacity Assessments start at just £496.00
Built on the same gold-standard foundations but engineered for higher-risk, contested or high-value scenarios—large estates, family conflict, suspected undue influence or rapid cognitive change. After a brief phone triage, we complete targeted psychometric tests at Visit 1 and the formal capacity interview at Visit 2. The result is a CPR 35-compliant report plus a plain-English Psychometric Summary that quantifies cognitive, emotional and vulnerability factors—extra armour when a decision may be challenged.
Factor | Mental Capacity Assessment (MCA) | Advanced Mental Capacity Assessment (AMCA) |
|---|---|---|
Purpose | Standard capacity assessment for a clearly-defined decision (e.g. Will, LPA, property, health & welfare). | Flagship service for complex, high-risk or contested decisions where ordinary interview evidence may require additional supplementary evidence to create a more robust argument |
Ideal for | Most everyday legal or financial choices that still require formal capacity evidence. | Large estates, family conflict, suspected undue influence or exploitation, or any matter likely to be challenged. |
Risk factors addressed | General mental-capacity concerns; assessor escalates if red-flags appear. | Explicit focus on: financial vulnerability, undue influence, cognitive decline, behavioural risk, grief/anxiety impact and other “evidence-pillar” domains. |
Assessment structure | One visit – decision-specific capacity interview (plus optional MoCA if required and appropriate). | Telephone consultation → Visit 1: Psychometric testing → Visit 2: Capacity interview (3-step pathway, but two client visits). |
Psychometric testing | Montreal Cognitive Assessment completed as required and appropriate | Person-Centred battery: MoCA, Financial Vulnerability Assessment, Financial Decision Tracker and assessor-selected NovoPsych scales. |
Emotional / psychological screening | Not included. | Anxiety, grief, trauma and similar factors measured quantitatively so their real impact (or lack of it) is documented. |
Report & legal robustness | CPR35-compliant capacity report. | CPR35-compliant capacity report plus Psychometric Summary Appendix explaining every score in plain English. |
Cost | £496.00 | £995.00 |
The Legal Framework: Banks v Goodfellow and Testamentary Capacity Law
The Banks v Goodfellow case established the definitive test for testamentary capacity that remains the cornerstone of English and Welsh law today. In this landmark 1870 case, the court determined that for a person to have testamentary capacity, they must meet four key criteria at the time of making their will. Our testamentary mental capacity assessments meticulously evaluate each of these criteria to provide robust, legally defensible evidence of capacity. This ensures that wills are valid, reducing the risk of costly disputes and family conflict after death.
The Golden Rule
First established in Kenward v Adams (1975), the Golden Rule recommends that when a solicitor is instructed by an elderly or seriously ill testator, or where there are concerns about capacity, a medical opinion on testamentary capacity should be obtained at the time the will is executed.
Mental Capacity Act 2005 vs Common Law
While the Mental Capacity Act 2005 governs most capacity decisions, testamentary capacity is still primarily assessed under the common law Banks v Goodfellow test. This is because the Act's functional approach may set too low a threshold for the complex decision of making a will. Our assessors are expert in both frameworks and ensure that testamentary capacity assessments meet the higher common law standard while incorporating best practice from the Mental Capacity Act 2005.
Why Choose Nellie Supports?
Our testamentary mental capacity assessments cost £495 + VAT (plus travel costs if applicable), confirmed in writing before work begins. No hidden fees, no surprises. This transparent pricing makes it easy for solicitors, will writers, and families to budget for testamentary capacity assessments without uncertainty.
Testamentary capacity assessment reports are usually completed within 5-10 working days, significantly faster than the industry average of 14-21 days. This helps you meet court deadlines, complete will instructions promptly, and provide clients with timely service. For urgent testamentary mental capacity assessments, expedited delivery can often be arranged.
Every testamentary mental capacity assessment applies the Banks v Goodfellow legal test and produces CPR Part 35-compliant reports accepted by courts across England and Wales. Our testamentary capacity reports are structured to meet evidential standards for contested will cases, Court of Protection proceedings, and probate disputes. All assessments comply with the Mental Capacity Act 2005 best practice guidance.
Our testamentary mental capacity assessments are conducted by qualified social workers, clinical psychologists, and specialist nurses with extensive experience in capacity law. Every assessor understands the Banks v Goodfellow test, the Golden Rule, and recent case law developments. With over 6,000 testamentary capacity assessments completed, our team has the expertise to handle straightforward and complex cases alike.
Nellie Supports provides testamentary capacity assessments nationwide with qualified assessors available across all regions. We offer both face-to-face home visits and secure video assessments to suit your needs.
Our testamentary mental capacity assessment services are available in:
• London and South East England
• Midlands (Birmingham, Nottingham, Leicester, Grantham)
• North West England (Manchester, Liverpool, Preston)
• Yorkshire and Humber (Leeds, Sheffield, York)
• South West England (Bristol, Plymouth, Exeter)
• North East England (Newcastle, Durham, Sunderland)
• Wales (Cardiff, Swansea, Newport)
• East of England (Cambridge, Norwich, Ipswich)
Whether you need a testamentary capacity assessment in a major city or rural area, our nationwide network ensures prompt, professional service with reports delivered within 5-10 working days.
Our Process – Step by Step
Initial enquiry & triage
Contact us by phone, email or using our website form. A senior coordinator responds the same working day to confirm the decision that needs assessing, provide a clear quotation (including VAT and mileage if applicable), and arrange a convenient assessment time.
Assessment Appointment
A qualified assessor meets the individual—at home, in hospital, or via secure video—to carry out the assessment. The conversation is gentle and decision-specific. If helpful, cognitive screening tools (such as the MoCA) may be used to support clinical insight.
Report Writing
The assessor prepares a clear, CPR Part 35-compliant report that links all findings to the relevant legal framework (e.g., Mental Capacity Act 2005, Care Act 2014). Every report is peer-reviewed by a second professional to ensure quality, neutrality and legal readiness.
Report Disptach
You receive the report securely within 5–10 working days. Minor amendments are free within 14 days, and your assessor remains available to clarify the findings with legal teams, courts or healthcare professionals if required.
Case Study: Protecting Mrs H’s Final Wishes
Mrs H, an elderly woman with early-stage dementia, wished to update her will to reflect her changing family circumstances. Her solicitor recognised the potential for the new will to be challenged and, following the Golden Rule, recommended a testamentary mental capacity assessment.
The Challenge
Family members expressed concerns about Mrs H’s memory lapses and whether she truly understood the value of her estate and the impact of her decisions. Without independent evidence, there was a real risk the will could later be contested.
Our Solution
Nellie Supports arranged an assessment within 72 hours. A specialist assessor applied the Banks v Goodfellow test, adapting communication to Mrs H’s needs. The assessment carefully documented her ability to understand the purpose of a will, the extent of her assets, and the claims of her beneficiaries.
The Outcome
A detailed, CPR Part 35–compliant report was produced and peer-reviewed internally. The solicitor used this evidence to finalise Mrs H’s will with confidence. When the will was later questioned by relatives, the independent assessment protected it from challenge, ensuring her wishes were upheld.
Key Takeaway
Independent testamentary mental capacity assessments reduce the risk of costly legal disputes, safeguard vulnerable individuals, and give families and solicitors confidence that a will reflects true intentions.
We also provide mental capacity assessments for other decisions including COP3 assessments and LPA capacity assessments. For complex cases requiring our advanced mental capacity assessment service provides comprehensive support.
Expert Insights into Testamentary
Mental Capacity
Reports
Explore our expert articles on testamentary mental capacity, including guidance on the Banks v Goodfellow test, common challenges in will disputes, and practical advice for solicitors, deputies, and families navigating contested estates.
Frequently Asked Questions
A testamentary mental capacity assessment evaluates whether a person has the mental ability to make or change a will. Our qualified social workers assess whether the individual understands the nature of making a will, the extent of their property and assets, the claims others may have on their estate, and can make decisions free from undue influence. We provide court-ready reports that meet legal standards for probate and will disputes.
Our testamentary mental capacity assessments start at £496 + VAT. The final cost depends on the complexity of the case, whether the assessment is conducted face-to-face or via video, and the urgency of the report. We offer transparent pricing with no hidden fees and can provide a detailed quote after an initial consultation.
We offer a 7-day turnaround for video assessments and typically complete face-to-face assessments within 10-14 days. Urgent cases can be prioritized. The assessment itself usually takes 1-2 hours, followed by report preparation. Our reports are court-ready and meet CPR Part 35 standards for legal proceedings.
Testamentary capacity assessments can be requested by:
-
Solicitors preparing wills for clients with potential capacity concerns
-
Family members concerned about a loved one's ability to make a valid will
-
Will writers and financial advisers needing professional capacity verification
-
Executors or beneficiaries involved in probate disputes
-
Court of Protection deputies managing someone's affairs
-
Yes, we provide testamentary mental capacity assessments across England and Wales. We offer both face-to-face visits at the client's home, care facility, or solicitor's office, and remote video assessments for added convenience. Our nationwide coverage ensures you can access expert assessment services regardless of location.
Yes, all our testamentary capacity assessment reports are court-ready and comply with CPR Part 35 standards for expert witness reports. Our reports are prepared by qualified social workers with extensive experience in mental capacity law and are regularly accepted by the Court of Protection, probate courts, and in will dispute litigation.
Yes, we provide retrospective testamentary capacity assessments for cases where a will is being challenged after someone has passed away. We review medical records, witness statements, GP notes, and other evidence to provide an expert opinion on whether the person had capacity at the time the will was made. These reports are commonly used in probate disputes and contentious will cases.
During the assessment, our qualified social worker will:
-
Meet with the individual (in person or via video)
-
Assess their understanding of making a will and their assets
-
Evaluate their ability to make decisions free from undue influence
-
Review relevant medical records and background information
-
Prepare a detailed, court-ready report with our professional opinion
The process is compassionate, non-intrusive, and designed to protect the individual's rights while providing legal clarity.
-
We understand that testamentary capacity assessments are often time-sensitive. We prioritize urgent cases and can arrange assessments quickly when needed, particularly where there are concerns about deteriorating health or pressing legal deadlines.
Once the assessment is completed, we deliver your court-ready report within 10 working days. The assessment itself usually takes 1-2 hours, conducted either face-to-face at a location convenient to you, or via secure video call.
Contact us today to discuss your specific timeframe and we'll do our best to accommodate your needs.
Our testamentary capacity assessments are conducted by qualified social workers and psychologists who are trained in mental capacity law and the Mental Capacity Act 2005. Our assessors have extensive practical experience conducting capacity assessments for legal and court proceedings.
Our team is multidisciplinary, including qualified social workers, qualified psychologists, and other experienced specialists who work collaboratively to ensure comprehensive, legally robust assessments. We maintain professional accreditation with BASW (British Association of Social Workers), ensuring our practice meets high professional standards.
All our assessors undergo continuous professional development in mental capacity legislation, case law, and best practice to deliver accurate, court-ready reports that stand up to legal scrutiny.