
Making a will is one of the most important steps you can take to protect your loved ones and ensure your wishes are respected after you pass away. But what happens if there are concerns about whether someone has the mental capacity to make a will? This is where mental capacity assessments, often carried out by neuropsychologists, play a crucial role.
Understanding Mental Capacity
In the UK, mental capacity refers to a person’s ability to make a specific decision at the time it needs to be made. The Mental Capacity Act 2005 sets out the legal framework, stating that a person must be able to understand, retain, weigh up, and communicate information relevant to a decision. When it comes to wills, this is known as “testamentary capacity”.
Testamentary capacity is more than simply knowing what a will is. It requires a person to understand what making a will means, know the extent of their estate, and appreciate who might reasonably expect to inherit. They must also be able to make decisions free from coercion or undue influence.
Why Neuropsychologists Are Involved In Mental Capacity Assessment
Concerns about mental capacity often arise in cases involving older adults or those with neurological conditions such as dementia, brain injury, or stroke. Neuropsychologists are uniquely qualified to assess cognitive functioning in these situations. They specialise in understanding the relationship between brain health and behaviour, including memory, reasoning, decision-making, and problem-solving.
A neuropsychological assessment involves a detailed clinical interview, cognitive testing, and review of medical records. This process helps identify whether difficulties such as memory loss, impaired judgement, or reduced attention might affect a person’s ability to make a valid will.
Providing Clarity and Legal Protection through Mental Capacity Assessment
A clear, well-documented mental capacity assessment can be invaluable. For the individual, it ensures their wishes are honoured. For solicitors and families, it reduces the risk of future disputes over the validity of the will. In contentious probate cases, expert neuropsychological reports can provide evidence in court regarding whether testamentary capacity was present at the time the will was made.
This process can also protect vulnerable people from exploitation. If an assessment shows that someone lacks capacity, appropriate safeguarding measures can be taken to prevent undue influence or financial abuse.
A Supportive Process
Undergoing a capacity assessment can sound daunting, but it is generally a supportive and respectful process. Neuropsychologists aim to put the individual at ease and explain each step clearly. The goal is not to catch someone out, but to provide an objective, professional opinion that serves their best interests.
At Medico-Legal Healthcare, we understand the importance of getting testamentary capacity assessments right. Our experienced neuropsychologists provide clear, evidence-based reports that support individuals, families, and solicitors in making informed decisions. By offering compassionate, thorough assessments, we help ensure that wills reflect the true intentions of those making them — protecting both their wishes and their legacy.