DM will

[snowinscotland]

My father wishes to make out a new will.
He is 92
He has been informed by a solicitor that he needs to be assessed for captivity before this can be done
Has anyone had any experience of this? Thank you

Just make an appointment with their GP, they can write the affidavit of mental capacity.
Call them in advance.

Off topic but your typo made me howl!!

I assume you mean assessed for capacity.

Having been in the past involved with people with mental health issues I understand the basics.

In simple terms the solicitor wants to be sure your father understands what making a will means, the extent of his estate and the effects of how he distributes stuff amongst potential beneficiaries.

Probably just a wise precaution given his age but is there anything to suggest he might have problems with memory or whatever?

Sometimes I love auto correct. And it is not too far off the mark for what they are looking for here!

When it was discussed for my dad, it just needed the witnesses to be prepared to say they felt he had capacity. Dad was struggling with communication after an illness, but seemed to know what he wanted- just struggled to communicate.

This was about the lasting power of attorney so a reasonably simple concept for him to agree.

Me too

Just ask the solicitors what they want - a GP note? Or just a conversation with your DF without anyone else present first so they are comfortable he's still got his marbles.

I'd say he's likely found a good reputable solicitor if they are asking for this. It should make him more comfortable he's in good hands, not less.

Ooops typo error 😂😂😂😂

@Bromptotoo nothing to suggest that he does not have full capacity in fact he is still driving and been told he is fine to do so after checking with his doctors and the RAC

Is the change to the will at all contentious? Is anyone likely to feel upset or to challenge the will?

If it's a matter of, for example, leaving everything he was going to leave you to your kids instead that's very different to cutting out a sibling.

Hi, "mental capacity" is issue and time specific so your father's driving prowess is not relevant.
When a client goes to see a solicitor to give instructions on a will, the solicitor has to consider whether the client has testamentary capacity per the legal test arising from the case of Banks v Goodfellow ie

1. understand the nature of the will and its effect;
2. have some understanding of the extent of the property of which they are disposing under the will;
3. are aware of the persons for whom they would usually be expected to provide; and
4. are free from any delusion of the mind that would affect their dispositions to those people.

I assume that your father has presented in a manner that causes some doubt in the solicitor's mind as to testamentary capacity and that the solicitor will now ask your father's GP (or another Dr if GP won't help) to assess capacity and prepare a report.

Your dad will need to pay for a capacity report.

This is the solicitor following best practice and ensuring that your father's new will is not open to challenge (or that he doesn't make a new will if, in fact, he cannot do so any longer.)

If the GP refuses to have anything to do with it, don't be surprised.

This is non-NHS work, time consuming and can be highly contentious later on. A lot of GPs will have a blanket no to these requests. I get asked to do these occasionally and always say no as frankly it's more trouble than it's worth.

I would want to clarify with the solicitor how they want capacity tested? If your DF is fit and well with no concerns, is the solicitor proposing to do it themselves? If not and your DF is going to have to pay for an assessment then he should ask why, how much it will cost and who the solicitor thinks will do it.