Testamentary Capacity Assessment
Independent assessment of testamentary capacity applying the Banks v Goodfellow criteria in England and Wales. Our psychiatrists provide opinion on capacity to make a valid will, including contemporaneous assessments for will preparation and retrospective opinions for contentious probate proceedings.
When This Report Is Instructed
- Solicitors preparing wills for clients with cognitive concerns
- Contentious probate claims challenging validity of a will
- Retrospective assessment of capacity at the time a will was executed
- Cases involving dementia, delirium, or other cognitive impairment
- Disputes alleging undue influence alongside incapacity
- Applications for statutory wills in the Court of Protection
What the Report Covers
- Comprehensive psychiatric assessment (contemporaneous) or records review (retrospective)
- Application of the Banks v Goodfellow (1870) criteria
- Assessment of understanding of the nature of making a will
- Evaluation of understanding of the extent of property being disposed of
- Assessment of awareness of those who might have a claim on the estate
- Evaluation of ability to weigh claims and form a rational judgment
- Assessment for delusions that might affect testamentary decisions
- Review of medical records for evidence of cognitive impairment
- Consideration of lucid intervals where relevant
- Opinion on capacity at the material time with reasons
The report provides independent expert psychiatric opinion to assist the court or tribunal and does not determine liability, findings of fact, or legal outcomes.
Expert Standards
Duty to the Court
Independent, objective opinion uninfluenced by the instructing party.
CPR Part 35 Compliance
Full compliance with CPR Part 35 and Practice Direction.
Statement of Truth
Expert declaration and Statement of Truth included.
This applies equally to claimant, defendant, and single joint expert instructions.
How to Instruct
Send your instruction
Email instruct@psychiatric.report with your letter of instruction, relevant documents, medical records, and questions to address.
Assessment arranged
Assessment arranged remotely or at a suitable location, as required by the instruction.
Draft report issued
Draft report provided for review. Part 35 questions and addenda addressed as applicable.
Final report delivered
Final report with CPR declarations. Court attendance available if required.
Practicalities
Turnaround
3–5 weeks standard; expedited available subject to availability
Indicative Fee
£1,500–£2,200
Subject to complexity and records volume
Additional work: Part 35 questions, addenda, joint statements, and court attendance are available where required. Fees for additional work are confirmed once scope is clear.
We typically respond within 1 working day.