18 March 2022
The BPS Mental Capacity Advisory Group has prepared this draft guidance document which is ready for peer review.
The primary aim of this document is to provide guidance for good practice in carrying out assessments of testamentary capacity.
Testamentary capacity refers to the legal and mental ability to make a will, revoke a will or make a codicil (an alteration and amendment) to a will.
Mental capacity is a legal concept and ultimately a decision on testamentary capacity is for a court of law.