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Medicolegal Reports
Testamentary Capacity & Will Mental Capacity Assessment £300
Report within 48 hours. Home visits available. Solicitor referrals welcome.
What Is a Testamentary Capacity Assessment?
When a person wishes to make or amend a Will and there are concerns about their cognitive ability to do so, an independent medical assessment of testamentary capacity is essential to protect both the individual and the integrity of the document. Cherries Medical Clinic provides professional, legally sound testamentary capacity assessments carried out by our GMC-registered GP. Our reports are prepared in accordance with the Banks v Goodfellow (1870) legal test for testamentary capacity and are suitable for submission to solicitors, probate courts, and other legal proceedings.
Report Ready Within 48 Hours
We understand that testamentary capacity assessments are often time-sensitive, particularly where a client is elderly, in declining health, or awaiting an urgent legal appointment. Our standard report turnaround is within 48 hours of the assessment appointment. If you require an urgent same-day report, please call us directly to discuss availability.
What Is the Legal Test for Testamentary Capacity?
For a Will to be legally valid, the person making it — known as the testator — must have testamentary capacity at the time of signing. Under the Banks v Goodfellow test, established in law since 1870, the testator must be able to understand the nature of making a Will and its effects, understand the extent of the property they are disposing of, comprehend the claims of those who might reasonably expect to benefit from the estate, and not be suffering from any disorder of the mind that poisons their affections, perverts their sense of right, or prevents the exercise of their natural faculties in disposing of their property.
When Is an Assessment Needed?
An assessment is most commonly required when an elderly person wishes to make or amend a Will and has a diagnosis of dementia, Alzheimer’s disease, or another cognitive condition. It is also needed when family members or a solicitor have concerns about cognitive decline, when a Will is being contested or is likely to be challenged after death, or when a person has a history of mental illness, brain injury, or neurological disorder. Solicitors following the Golden Rule for elderly or vulnerable clients will routinely request this assessment, as will courts when medical evidence regarding testamentary capacity is required.
What the Assessment Involves
The assessment begins with a review of the individual’s relevant medical history and any prior capacity assessments. A structured clinical interview is then conducted using validated cognitive
assessment tools such as the Montreal Cognitive Assessment (MoCA) or the Mini-Mental State Examination (MMSE).
The assessment is specifically structured against the four requirements of the Banks v Goodfellow test. Current medications and any conditions known to affect cognition are reviewed as part of the assessment. The resulting report is a detailed written document ready within 48 hours of the appointment and written to the standard required for use in legal proceedings.
Appointment Requirements
✔ Bring any relevant medical letters, GP records, or previous capacity assessments if available
✔ Bring a list of current medications
✔ A home visit can be arranged where the individual is unable to attend the clinic — please advise at the time of booking
Pricing and Appointments
The testamentary capacity assessment is priced at £300 per assessment. Appointments are available face-to-face at our Slough or Southampton clinics, or as a home visit where needed
(home visits are subject to a mileage charge). To book or to instruct the assessment, please call 07306852397 or email info@cherriesmedicalclinic.co.uk. Solicitor referrals and direct instructions from family members or financial advisors are all welcome.
Please select the clinic location where you would like to book your appointment. Each clinic manages appointments independently to ensure the best service.
To book this particular service, Select Clinic Location (Below) –> Individual Reports –> Testamentary Capacity / Will Mental Capacity Assessment Service Page
Frequently Asked Questions (FAQ) :
What happens if the person is found to lack testamentary capacity?
The report will document the clinical findings clearly and transparently. A finding of lacking capacity does not necessarily mean a Will can never be made — it may inform next steps such as referral for further specialist assessment, a Court of Protection application, or the involvement of a deputy or attorney to manage the person’s affairs.
Can the report be used in court?
Yes. The report is written to a professional and legal standard and is suitable for use in probate disputes, Court of Protection applications, and challenges to the validity of a Will.
Do you carry out assessments in care homes or hospitals?
Yes. Home visits and visits to care homes or hospitals can be arranged where the individual is unable to travel to one of our clinics. Please inform us at the time of booking and we will make the necessary arrangements.
To instruct a testamentary capacity assessment, please call 07306852397 or email info@cherriesmedicalclinic.co.uk. Reports issued within 48 hours. Home visits available nationally. Solicitor referrals welcome.
Opening Hours
same-week appointments available by arrangement
Monday
Closed
Tuesday
Closed
Wednesday
Closed
Thursday
11:00 - 19:00
Weekly
Slough Clinic
Friday
Closed
Saturday
09:00 - 17:00
Fortnightly
Southampton Clinic
Sunday
09:00 - 15:00
Weekly
Slough Clinic
Contact Us
Feel free to contact us or Just drop us a line here. Our support staff will reach you very soon
Give us a ring
07306852397
The Cherries Clinic in Slough
11A The Cherries, Slough, Berkshire, SL2-5TS, UK
The Cherries Clinic in Southampton
19 Oxford Street, Southampton, SO14 3DJ, UK
Send us an email
info@cherriesmedicalclinic.co.uk
How can we help you?
Feel free to contact us or just drop a line here.
Our support staff will reach out to you very soon
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