Mental Capacity Assessments For Wills And Probate

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.

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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.

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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 This is a bespoke service that relies on the provision of complete and accurate medical records, historical documents, and witness statements.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. 

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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.

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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.

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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.

View Pricing

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

Frequently Asked Questions

Get answers to common questions about the services we provide.

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.

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.

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.

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.

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.

Contact us today to
make a referral or an enquiry

Referring someone for a mental capacity assessment, or got a question related to brain injury case management? Get in touch.