Testamentary Capacity Assessment

Writing a Will is one of the most important steps a person can take to make sure their wishes are respected after they’re gone. But for a Will to hold up legally, the person making it must fully understand what they’re doing. That’s where a Testamentary Capacity Assessment comes in.

This type of Assessment helps confirm that someone has the mental capacity needed to make informed decisions about how their assets; such as money, property, and personal belongings, will be distributed.

To have capacity, a person must be able to:

  • Understand what a Will is and how it works

  • Know what they own, such as property, savings, and valuables

  • Recognise who they want to include in their Will and how those decisions will affect others

  • Make choices free from confusion, delusions, or outside pressure

When might an assessment be needed?

A Testamentary Capacity Assessment is often recommended when:

  • The person has a diagnosed condition like dementia, brain injury, or learning difficulties that could affect decision-making.

  • They’re making major changes to their Will that seem unusual or unexpected.

  • There are concerns from family or professionals about their mental capacity.

Why is this Assessment important?

There are several key reasons why checking testamentary capacity matters:

  • It protects the Will’s validity; if someone lacked mental capacity when making their Will, it could be challenged or even declared invalid in court.

  • It ensures their wishes are honoured; the Assessment confirms that the person understands what they’re doing, so the Will reflects their intentions.

  • It helps prevent family disputes; when there’s uncertainty about someone’s mental state, disagreements can arise.

  • It safeguards vulnerable individuals; people with cognitive impairments may be more susceptible to influence. This process helps ensure their decisions are their own.

Testamentary Mental Capacity Assessments are a vital step in making sure a Will is valid, fair, and reflects someone’s wishes. They offer peace of mind for everyone involved, especially the person making the Will, by helping to prevent future disputes and ensuring their legacy is protected.