Mental Capacity Assessments

Protect your wishes from challenge with our proprietary assessment.

TL;DR – Why Take a Mental Capacity Assessment?

One of the most common reasons wills are contested is when someone argues the person making the will didn’t have the mental capacity to do so.

By taking the adeus Mental Capacity Assessment when you create and sign your will, you add clear, independent evidence that you understood what you were doing and that your will reflects your true wishes. This makes your will more robust against challenges, protects your executors, and gives you and your loved ones peace of mind.

Creating a will is one of the most important steps in protecting your loved ones and making sure your wishes are carried out. But even when a will is properly written, it can still be challenged in court. One of the most common reasons for this is when someone argues that the person making the will (the testator) did not have the mental capacity to do so.

The adeus Mental Capacity Assessment provides independent evidence that you understood what you were doing when you created your will. This helps ensure your wishes are respected and reduces the risk of disputes later on.

Why Wills Are Contested

In England and Wales, wills are frequently challenged during probate. The most common reasons include:

Unclear intentions – handwritten changes, missing signatures, or conflicting clauses.
Questions over validity – arguments about whether the will was signed and witnessed correctly.
Fraud or forgery – suspicions that the will has been tampered with or is fake.
Lost wills – when the original cannot be found.
Capacity concerns – claims that the testator did not have the mental ability to make a valid will.
Undue influence – allegations that someone pressured the testator into making changes.

While adeus True Will addresses many of these issues by providing a permanent, secure digital record, capacity remains a particularly sensitive area.

What Is Testamentary Capacity?

To make a valid will, a person must have “testamentary capacity.” This means they must:

Understand what a will is and the effect it has.
Know the extent of their property and assets.
Recognise the people who might reasonably expect to benefit.
Not be affected by a mental disorder that distorts their judgment.

These requirements are set out in the Mental Capacity Act 2005 and confirmed in English case law, most notably the historic case of Banks v Goodfellow (1870). If there is doubt about whether these requirements were met, the validity of the will can be called into question.

Why Capacity Is Often Challenged

Challenges around capacity usually arise when:

The testator was elderly or experiencing memory decline.
They were unwell or taking medication that affected decision-making.
There were family disagreements about the contents of the will.
There was no clear evidence that the testator had capacity at the time the will was made.

Without evidence, courts may find it difficult to prove the will reflected the testator’s true wishes.

How the adeus Mental Capacity Assessment Helps

By taking a proprietary adeus Mental Capacity Assessment at the same time as signing your will, you create clear, independent evidence that you had the required capacity. This provides:

✅ Independent assessment – confirmation of your capacity at the time of will-making.

✅ Legal robustness – supports compliance with the Mental Capacity Act 2005 and case law standards.

✅ Evidence in court – helps executors defend your will if it is challenged.

✅ Reduced risk of disputes – fewer grounds for family members to contest the will.

✅ Peace of mind – reassurance for you and your loved ones that your wishes are secure.