Mental Capacity Assessments For Wills And Probate
Expert testamentary capacity assessments to determine an individual’s ability to make a Will. Get comprehensive court-compliant reports on standard or COP3 format.
Our assessors are registered with







Our Mental Capacity Assessments
Capacity to Make a Will / Testamentary Capacity
We provide independent mental capacity assessments to determine an individual’s ability to make a Will. Our experienced assessors ensure each assessment is comprehensive, tailored to the individual’s needs, and reflects the donor’s wishes and beneficiaries’ rights. We bring clarity and reassurance to this sensitive process.
Virtual:
£520 inc VAT
Face to face:
£645 inc VAT
Note: Our fees include VAT and travel (in the locations where we have assessors)
Deed of Variation (Change a Deceased Person’s Will)
We conduct thorough mental capacity assessments to determine an individual’s ability to execute a Deed of Variation, which allows changes to a deceased person’s Will. Our assessments follow the principles of the Mental Capacity Act 2005 and the case law of Banks v Goodfellow (1870). Get a court-compliant report.
Virtual:
£645 inc VAT
Face to face:
£725 inc VAT
Note: Our fees include VAT and travel (in the locations where we have assessors)
Retrospective Capacity Assessments for Wills
We offer retrospective capacity assessment services to assess historical capacity and past decisions related to Wills. This is a bespoke service that relies on the provision of complete and accurate medical records, historical documents, and witness statements. Our highly experienced assessors write legally sound reports that meet legal requirements.
Charges
£3300 + VAT
Note: Fees may include charges for additional visits and reading time.
Capacity to Act as an Executor of a Will
We conduct thorough assessments to determine an individual’s ability to act as an executor of a Will. Our mental capacity assessments determine whether the individual can make sound decisions, manage estate affairs effectively, and fulfil the duties of an executor responsibly. Our assessors provide detailed reports that adhere to legal requirements.
Virtual:
£645 inc VAT
Face to face:
£725 inc VAT
Note: Our fees include VAT and travel (in the locations where we have assessors)
Lasting Power of Attorney / LPA Assessments
We provide comprehensive mental capacity assessments to determine an individual’s ability to appoint a Lasting Power of Attorney (LPA) for property and financial affairs, health and welfare decisions, or both. Our thorough assessments can help determine whether an individual can make informed decisions, offering peace of mind and safeguarding the interests of the person involved.
Face to face:
£725 inc VAT
Note: Our fees include VAT and travel (in the locations where we have assessors)
Capacity to Revoke a Will
We conduct independent mental capacity assessments to determine an individual’s ability to revoke a Will. Our assessments help to determine whether the individual can make informed decisions about amending/revoking an existing Will. We provide reliable, court-compliant reports that offer peace of mind and safeguard the person’s interests. Ensure your wishes are respected, and your loved one’s future is secure.
Virtual:
£520 inc VAT
Face to face:
£645 inc VAT
Note: Our fees include VAT and travel (in the locations where we have assessors)
Why Work With OFH Care
Consistent
Communication
We are easy to contact and will keep you updated every step of the way. You can contact us via email and phone.
Specialist
Knowledge
Our assessors have extensive knowledge of the Mental Capacity Act 2005 and relevant case laws. Our assessments are second to none.
Network Of
Professionals
We have a network of social workers, psychiatrists, and psychologists that enables us to provide you with efficient, consistent service.
Quality-
checked
Our team has extensive experience in completing mental capacity assessments and handling complex cases, making our service unrivalled.
Watch Short Videos On Mental Capacity Assessment
The level of detail required in a Mental Capacity Assessement
Who can assess Mental Capacity?
Why and when is a Mental Capacity Assessment needed?
About Us
We are a team of health and social care professionals, dedicated to providing exceptional mental capacity assessments across England and Wales. Our team of highly skilled practitioners bring a wealth of knowledge and experience to every assessment we undertake.
testimonials
Client Journeys with OFH Care
Mr P. Y.
Client
Many thanks for providing such a professional, fast, efficient service for us…
My Sister and I have reviewed this report thoroughly now. We are happy with the comprehensive nature of the content, and the professional finish to the document. We have checked with our solicitors, and it meets all our legal needs.
Ms C. B.
Client
Excellent customer care from initial contact to receipt of report. Our elderly aunt is profoundly deaf and physically quite fragile so we were concerned about how tiring the assessment would be for her and how difficult it may be because of her limited hearing. She was also nervous about a person she did not know being in her bedroom to ask her questions about her financial affairs. Kristine answered our MANY questions promptly. We were reassured that our aunt’s regular carer could be present and that the assessor would be mindful of our aunt’s physical disabilities. After the assessment she could not speak more highly of the assessor who she said was totally charming, and she really enjoyed the entire Q&A! Thank you!
Mr G. K.
Client
They offered a timely appt for assessing my mother’s mental capacity. Jane was very professional and treated my mother with dignity and care throughout the assessment. The final report was in depth and emailed to me within the timescale they had said. The whole experience was easy and straightforward. The only negative was the cost. Luckily we were able to pay but I can see this being a problem for some people.
Ms T. T.
Client
We needed a mental capacity assessment completed for my mum and the situation was very stressful having never been in this situation before. I contacted OFH who were very supportive from the start. They explained the process and were able to arrange a convenient time to visit mum. After the assessment my mum was very positive and she found the social worker who visited her made her feel very safe, relaxed and she liked him. Within 24 hours there was a decision.
I am very grateful to OFH for their professionalism and their help.
Mr M. J.
Client
The receptionist Kristine is delightful, helpful and understanding. Our assessor Muataz was polite, firm, friendly and fair. He is an expert at making clients feel comfortable in order to get the best out of them. He uses a conversational style of questioning searching for the answers so that the client does not feel intimidated. He is an excellent example of a thoroughly professional and gifted assessor. You couldn’t ask for more. Thank you to all at OFH Car
Frequently Asked Questions
Get answers to common questions about the services we provide.
Can mental capacity be assessed after someone has passed away?
Yes. In some probate disputes, a retrospective capacity assessment may be carried out after death. The assessor reviews medical records, care notes, witness statements, and other evidence to form an opinion about the person’s likely mental capacity at the time a Will was created or amended.
Can someone have capacity to make a Will but lack capacity for other decisions?
Yes. Testamentary capacity is decision-specific. A person may have the capacity to make or amend a Will while lacking the capacity to manage complex financial affairs, conduct litigation, or make other legal decisions. According to the Mental Capacity Act 2005, each type of decision must be assessed separately.
Can an timely testamentary capacity assessment help reduce the risk of a Will being challenged later?
While no assessment can entirely prevent a claim, obtaining an independent mental capacity assessment provides strong contemporaneous evidence of the person’s understanding and decision-making abilities. This can be extremely valuable if the Will is questioned during probate proceedings.
What evidence is considered during a retrospective testamentary capacity assessment?
A retrospective testamentary capacity assessment typically considers medical records, GP and hospital notes, care records, witness statements, solicitor attendance notes, previous Wills, and any other relevant documentation available from the period surrounding the decision in question.
Can concerns about undue influence exist even when someone has testamentary capacity?
This is a really common probate issue. Someone may have the mental capacity to make a Will but there may still be allegations that they were pressured, manipulated, or improperly influenced by another person. Capacity and undue influence are separate legal issues and often need to be considered independently.