Testamentary Capacity Assessment


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).


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.


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. 


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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