BPS updates
A brief guide to assessing testamentary capacity
This document's primary aim is to provide guidance on good practice in conducting assessments of testamentary capacity.
13 November 2024
It is important to understand the context of the assessment. The solicitor or Will writer/maker is responsible for assessing and determining testamentary capacity as part of the will-writing process. To do this they will sometimes seek the opinion of a medical practitioner or a practitioner psychologist.
In England and Wales, and Northern Ireland (although not in Scotland) the 'Golden Rule' guides the Will maker (usually but not necessarily a solicitor) as to when to seek advice, but it is not binding and there is no current requirement for there to be an independent assessment of testamentary capacity.