Testamentary Capacity Assessment

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What is testamentary capacity?

Testamentary capacity is the term used to describe someone’s capacity to make, or amend, a Will. As expert mental capacity assessors, our assessments are completed in line with the principles of the Mental Capacity Act (2005) and case law (Banks v Goodfellow (1870) LR 5 QB 549).

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What the law says

The test for testamentary capacity is based in case law and includes:

 

  • Understanding the nature of making a will and its effects.

  • Understanding the extent of the property involved.

  • Being able to comprehend and appreciate the claims involved.

  • Having no disorder of the mind that perverts your sense of right, or prevents you exercising your natural faculties when it comes to making or amending your will.

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Financial Decision Tracker

Not only does our assessment include a report evidencing your capacity but where appropriate we also include a financial decision tracker at no additional cost. 

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Montreal Cognitive Assessment

The Montreal Cognitive Assessment (MoCA) is a brief, 30-question test that helps healthcare professionals detect cognitive impairments early on. 

The MoCA can be beneficial in situations such as testamentary capacity where a client's will is likely to be contested, the MoCA can provide evidence, on the day, that there was no identifiable impairment of the mind or brain. 

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