Testamentary capacity

Testamentary capacity is the legal term used to describe an individual’s legal and mental ability to make or alter a will. The test for testamentary mental capacity is based in case law, ‘Banks Vs Goodfellow 1870’.

What is testamentary mental capacity?

Testamentary capacity is the legal term used to describe an individual’s legal and mental ability to make or alter a will. The test for testamentary mental capacity is based in case law ‘Banks Vs Goodfellow 1870’. The Banks Vs Goodfellow test states an individual must:

1. Understand the nature of making a will and its implications.

2. Understand the value of their assets and property which they are disposing.

Testamentary Capacity Insights (1)

3. The moral obligations which an individual ought to consider.

4. Have no disorder of the mind which perverts his or her sense of right or preventing the exercise of their natural faculties in disposing of property by will.

How we can help

Capacity Insights are able to provide a robust and comprehensive testamentary capacity assessment which explores an individual’s understanding of their will. The assessment will include a cognitive screening to consider the individuals cognitive functioning and the impact any cognitive deficits may have on their decision-making skills. The assessment will explore if the individual has come under any undue influence in a sensitive manner. We believe that in providing a comprehensive and legally sound assessment, your wishes will be respected after you have passed away.

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Contact Us Today

When it comes to securing expert witness services for mental capacity assessments, you need a team that not only understands the law but also excels in the practical application of that knowledge.

Capacity Insight’s team is that trusted resource. We are a team of experts who can help you navigate the complexities of mental capacity.

If you are ready to discuss your case or have any questions about our services, then reach out to us today to learn more about how we can support your legal needs.

Jo Hume-Gurney - Lead Consultant
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