Wills and estate planning
Testamentary capacity assessments
Independent assessment of whether a person has the capacity to make, amend or revoke a Will.
A contemporaneous assessment may be helpful where there is concern about dementia, cognitive impairment, mental illness, vulnerability or the possibility of a later dispute. The assessment is specific to the proposed testamentary decision and does not assume that a diagnosis alone determines capacity.
What the assessment considers
- The nature and effect of making a Will
- A general understanding of the extent of the estate
- Those who might reasonably expect to benefit
- Whether a disorder of mind influences the proposed dispositions
- Relevant clinical, family and legal information
Information commonly required
The precise requirements vary, but may include the solicitor’s letter of instruction, the proposed or current Will, relevant medical records, details of assets and potential beneficiaries, and information about any concerns or disputes.
What happens next
After reviewing a brief outline, we clarify the question, information required, proposed assessment arrangements, fees and likely timescale. Reports are typically delivered within 2–3 weeks after the required information and assessment are complete.