Testamentary Capacity Assessments in the UK
Losing a parent or grandparent is hard enough without a solicitor asking whether the will can actually stand up. That’s usually when our phone rings. We carry out independent testamentary capacity assessments in the UK for solicitors, families, and executors who need a clear, evidence-based answer, not a guess. Every report follows the Banks v Goodfellow Test and is written to hold up in court.
Speak to a consultant psychiatrist today and get your assessment booked this week, not next month.
0330 380 2184
Trusted Testamentary Capacity Assessments UK
Twenty-plus years of clinical experience sit behind every report we write. Our independent testamentary capacity assessors are consultant psychiatrists (GMC registered) and chartered clinical psychologists (HCPC registered), providing testamentary mental capacity assessments in the UK on contentious probate cases across England and Wales. We apply the Banks v Goodfellow criteria and deliver court-ready reports nationwide.
What is a Testamentary Capacity Assessment?
A testamentary capacity assessment checks whether someone understood what they were doing when they made or changed their will and why. Solicitors request one when a client is elderly, unwell, or carries a diagnosis that raises real questions. The legal benchmark is the Banks v Goodfellow Test, standard since 1870.
Capacity to Make a Will
This is the core question. Did the person understand they were signing a will and what that actually means?
Independent Assessment
We’re not instructed by one side. The opinion is objective, and it reads that way on paper.
Clinical Opinion
You get a genuine clinical judgement from a Consultant Psychiatrist or Chartered Clinical Psychologist, not a form filled in.
Supports Solicitors
It gives probate solicitors solid ground to stand on when a client’s capacity is questioned.
Court-Ready Reporting
Reports are CPR Part 35 compliant and structured so a judge can follow the reasoning without a translator.
Banks v Goodfellow Principles
Every finding is measured against this test, not a general impression of someone’s memory or mood.
Protects Testamentary Wishes
The whole point is making sure someone’s actual wishes, not someone else’s, end up in the Will.
Helps Reduce Future Disputes
A documented assessment at the time often stops a contentious probate argument before it even starts.
When Is a Testamentary Capacity Assessment Needed?
People ask for this assessment at very different stages, and the earlier the better in almost every single case we see. Below are the situations we come across most often, week in and week out, across our nationwide caseload.
Making a Will
Updating an Existing Will
Complex Estates
Solicitor Recommendation
Dementia or Memory Concerns
Serious Illness or End-of-Life Planning
Family Disputes or Expected Challenges
What we do
Our Testamentary Capacity Assessment Service
Our Testamentary Capacity Assessment Service covers everything from a straightforward Golden Rule Will Assessment through to a full Banks v Goodfellow capacity test for a contested estate. Here’s roughly how each instruction runs, start to finish, based on real cases.
Initial Referral Review
We review the referral first, checking urgency, the solicitor instruction letter, and whatever background information is already available at that point. Most cases get an assessor confirmed within a day, sometimes faster if urgent.
Medical & Background Information Review
Medical records, GP notes, and any existing diagnosis get reviewed carefully before we ever meet the person. Cognitive decline, dementia, or Alzheimer’s disease all change how we approach the interview, so this preparation really matters.
Clinical Capacity Assessment
A consultant psychiatrist or old age psychiatrist meets the person directly, usually at home or wherever suits them best. This isn’t a tick-box exercise. It’s a genuine clinical conversation about their will and their wishes.
Banks v Goodfellow Evaluation
Every finding gets measured against the Banks v Goodfellow Evaluation, the accepted legal test for testamentary capacity in England and Wales. We also apply the Golden Rule (Kenward v Adams) where a solicitor specifically requests it.
Comprehensive Capacity Report
You receive a comprehensive capacity report, written in plain English with a clear opinion at the front. It’s CPR Part 35 compliant and structured so a court or a sceptical family member can follow the reasoning easily.
Why Choose Gain Expert Assessments
Families and solicitors keep coming back to Gain Expert Assessments for one simple reason. Our reports are independent, thorough, and stand up when tested.
Independent Assessments
Independent assessments carried out with no stake whatsoever in the outcome or the family.
Experienced Specialist Clinicians
Experienced specialist clinicians working across old-age psychiatry day in and day out.
Nationwide Appointments
Nationwide appointments across England and Wales, including genuine same-week bookings when needed.
Court-Ready Reports
Court-ready reports built specifically to withstand real courtroom scrutiny, every single time.
Report Delivery
You receive the finished report, usually within the timescale we agreed upfront.
Our Testamentary Capacity Assessment Process
Here’s roughly how an instruction moves from that first phone call through to a finished, delivered report, based on how we actually run these cases day to day across England and Wales.
Initial Enquiry
You call or email us; we ask a few quick questions about urgency.
Referral & Background Information Review
We collect background information and confirm the right assessor for your case.
Clinical Assessment
The clinician meets the person directly and completes the capacity interview properly.
Capacity Report Preparation
We draft the report, checking every finding against Banks v Goodfellow carefully.
Report Delivery
You receive the finished report, usually within the timescale we agreed upfront.
0330 380 2184
What Happens During a Testamentary Capacity Assessment?
So what actually happens during a testamentary capacity assessment? A clinical interview, mostly. We talk through the will itself, who the beneficiaries are, what the estate includes, and how the person reached their decisions.
Where Can Testamentary Capacity Assessment Take Place?
Wherever it really suits the person best, honestly. We travel to homes, care homes, hospitals, and solicitors’ offices right across England and Wales, and we’ll happily agree to other locations too.
At Home
Most assessments happen at home, in familiar surroundings, which tends to put people at ease straight away and helps the conversation feel natural.
Care Homes
Care homes are common too, and staff often sit nearby throughout. We work around the home’s own routine rather than the other way round.
Hospitals
Hospital assessments happen when someone’s unwell or recovering, and timing has to work carefully around ward schedules and visiting hours.
Solicitors' Offices
Solicitors’ offices work well for clients who are still mobile and simply prefer a more formal, familiar setting for the conversation.
Clinics
Other agreed locations, a family member’s home, a hotel, or wherever’s genuinely practical, can usually be arranged given a little notice.
Who Can Refer or Request a Testamentary Capacity Assessment?
Almost anyone with a genuine interest in the outcome, not just legal professionals. Solicitors instruct us most often, but we also take direct referrals from families, executors, attorneys, deputies, and healthcare professionals right across the country.
- Solicitors
- Families
- Executors
- Attorneys
- Deputies
- Healthcare Professionals
- Private Clients
How Much Does a Testamentary Capacity Assessment Cost in the UK?
The cost of a testamentary capacity assessment depends on the case. Complexity plays a big part; a straightforward contemporaneous assessment costs less than a retrospective testamentary capacity assessment involving years of records. Location affects travel time, and urgent appointments carry a premium, understandably. Call us and we’ll give you a proper figure.
Banks v Goodfellow & the Legal Framework
Banks v Goodfellow has been the legal framework for testamentary capacity since 1870, and it still holds today. The person must understand the nature of making a will, know their assets, and recognise their beneficiaries. Where relevant, we also consider the Mental Capacity Act 2005 alongside current professional standards.
Our Reports & Legal Standards
Our reports and legal standards matter more than almost anything else we do. Every testamentary capacity report we produce is independent, written against Banks v Goodfellow, and structured as clear evidence rather than a vague professional opinion. Findings are objective, and the documentation is court-ready.
What Do We Assess During a Testamentary Capacity Assessment?
Here is what we assess during a testamentary capacity assessment exactly. Six things, broadly speaking, and all measured against the Banks v Goodfellow test rather than a general impression of someone’s overall mental state or memory.
Understanding the Purpose of a Will
Understanding the purpose of a will comes first. Does the person know they’re making a legal document that decides who gets what after they die? It sounds obvious, but it’s the foundation everything else rests on.
Awareness of Assets and Estate
The awareness of assets and estate matters next. Someone doesn’t need to recall an exact bank balance, but they should have a reasonable, general grasp of what they own and roughly what it’s worth overall.
Understanding Potential Beneficiaries
Understanding potential beneficiaries means knowing who might reasonably expect to benefit, children, a spouse, or other relatives, and being able to explain clearly why anyone’s been included or left out of the will.
Ability to Make Independent Decisions
Being able to make independent decisions is exactly as it sounds. Is this the person’s own choice, or is someone else quietly steering it? We look closely at this, particularly in family dispute cases.
Identifying Possible Undue Influence
The sensitive part of the job is identifying possible undue influence, and we take real care with it. We’re not accusing anyone. We’re simply checking that pressure, subtle or otherwise, hasn’t shaped the decision.
Consistency of Wishes
The consistency of wishes gets checked against anything said previously to a solicitor, a doctor, or family members over time. Sudden, unexplained changes don’t automatically mean incapacity, but they do deserve a closer, honest look.
Areas We Cover Across England & Wales
We cover England and Wales end to end for UK testamentary capacity assessments, from London and the Midlands to Yorkshire, Greater Manchester, the North East, and South Wales. Wherever the case sits, an assessor can attend and report on the agreed timescale.
Home visits, care homes, hospitals, and solicitors’ offices are all standard practice for us. Other suitable assessment locations get arranged too, whatever simply works best for the person being assessed on the day.
Frequently Asked Questions
What is a Testamentary Capacity Assessment?
A testamentary capacity assessment checks whether someone understood what they were doing when they made or changed their will. We look at whether they grasped the nature of the document, knew their assets, and recognised their beneficiaries. It’s an independent clinical opinion, not a guess, and it’s built to hold up under scrutiny.
Who needs a testamentary capacity assessment?
Anyone worried about a Will’s validity usually needs one. That includes elderly clients making a new will, families facing a recent dementia diagnosis, solicitors managing a contentious probate matter, or executors dealing with a will disputed on capacity grounds after the person has died.
What is the Banks v Goodfellow test?
The Banks v Goodfellow test dates back to 1870 and remains the accepted legal standard for testamentary capacity across England and Wales today, still used routinely. It checks whether someone understood they were making a will, knew the extent of their estate, recognised who might reasonably benefit, and wasn’t affected by any disorder of mind.
Who can carry out a testamentary capacity assessment in the UK?
In the UK, testamentary capacity assessments are usually carried out by a consultant psychiatrist, old-age psychiatrist, or chartered clinical psychologist, ideally one who’s experienced in medico-legal reports. We only use clinicians with genuine, documented experience applying the Banks v Goodfellow test.
How long does a testamentary capacity assessment take?
It depends on urgency and complexity. A straightforward contemporaneous assessment can often be arranged within days, sometimes the same week if there’s real urgency involved. A retrospective assessment involving years of medical records naturally takes longer, since there’s simply more evidence to review carefully first.
How much does a testamentary capacity assessment cost?
Cost varies with complexity, location, and how urgently you need it done. A contemporaneous assessment at signing typically costs less than a retrospective opinion built from years of medical records and background evidence. Call us directly and we’ll give you a clear, honest figure for your specific case, not a vague, rounded estimate.
Can someone with dementia still have testamentary capacity?
Yes, quite often actually. A dementia diagnosis alone doesn’t automatically mean someone lacks testamentary capacity. Many people with early or moderate dementia still understand their estate, their beneficiaries, and the effect of their will perfectly well. Each case depends on the individual, so we assess it, not by assumption.
Is a testamentary capacity assessment required to make a will?
No, it’s not a strict legal requirement for every single will. Most wills are made without one. Solicitors usually recommend an assessment where age, illness, a diagnosis, or a likely family dispute raises genuine questions about capacity, particularly under the Golden Rule from Kenward v Adams for vulnerable or elderly testators.
Can a solicitor request a testamentary capacity assessment?
Absolutely, and it’s actually the most common route we see day to day in this line of work. Probate solicitors instruct us before a will is signed, especially with older or vulnerable clients, or once a dispute looks likely after the event. You don’t need to be a solicitor to instruct us; families can call us directly too, any time.
What happens during the assessment?
A consultant psychiatrist or psychologist meets the person, usually somewhere familiar, and talks through the will itself in detail. We cover their understanding of the document, their assets, their beneficiaries, and their decision-making, then write everything up as a clear, evidence-based capacity report for solicitors and courts to rely on.
Where can the assessment take place?
Wherever it suits the person being assessed on the day. We regularly attend homes, care homes, hospitals, and solicitors’ offices right across England and Wales. If somewhere else works better, a hotel or a family member’s house, we’ll agree to that too, provided it’s practical, private, and appropriate for everyone involved.
How quickly will I receive the assessment report?
Turnaround depends on complexity and urgency, but we’re upfront about realistic timescales from the outset. Straightforward contemporaneous cases move fastest. Retrospective assessments involving extensive medical records take a little longer, simply because there’s more evidence to review completely before we can give you a defensible opinion.
Will the report help reduce the risk of a will being challenged?
It helps significantly. A properly documented, independent assessment carried out at the time a will is made gives solicitors and families solid evidence if the will’s ever challenged later down the line. It won’t guarantee no dispute arises, but it makes any future challenge much harder to argue successfully in court.
Do you provide urgent testamentary capacity assessments?
Yes, we prioritise urgent instructions regularly, particularly where someone’s seriously unwell or time genuinely matters. We can often attend within days, sometimes sooner depending on our clinicians’ availability. Just call us directly, explain the situation, and we’ll be upfront about what’s realistically achievable.
Do you provide testamentary capacity assessments throughout England and Wales?
Yes, we provide testamentary capacity assessments right across England and Wales, from London and the Midlands to Yorkshire, Greater Manchester, the North East, Hampshire and Dorset, and South Wales too. Wherever your case happens to sit, an assessor can attend in person and report back on an agreed, realistic timescale that works.
Contact Us Today for Testamentary Capacity Assessments in the UK
Contact our team of experts today for testamentary capacity assessments in the UK. We offer independent assessments and nationwide appointments across England and Wales, with professional support throughout. Call 0330 380 2184, email help@gaincapacityexperts.co.uk, or write to us at Office 17 The Grove, Bramcote, Nottingham.