Act as Executor
Capacity

Mental Capacity Assessment to Act as Executor

What is an Act as Executor Capacity Assessment?

The role of an executor is a complex one and often one that is assigned to an individual when they are in good health. However, if that individual experiences a deterioration in their cognitive abilities, they may no longer be able to undertake the duties assigned to the role.

What is included in an Act as Executor Capacity Assessment?

An Act as Executor Assessment includes all the necessary preparatory work and organising the technical side of a remote assessment via video link, the assessment, a report and reading time. 

What case law do you use?

Capacity to Act as an Executor falls under the Mental Capacity Act (2005) and associated guidance.

What information do you need from me?

We will need confirmation of any diagnosis or impairment that might be affecting the individual’s ability to act as an executor. We will also need a copy of the Will and an overview of the estate that they are due to administer.

What happens in the assessment?

The assessment will take place via video link through the use of a smartphone, tablet, laptop or computer with webcam. This can take place at the client’s home or at a location where they are comfortable.

It takes the form of detailed conversations and open questions – it is not a test.

The assessment will take approximately one hour.

Why is an Act as Executor Assessment necessary?

If a person loses the capacity to be able to act as an executor, they may need to be replaced so that the Will can be properly administered.

What happens if a client lacks capacity to act as an executor?

If a person lacks the capacity to act as an executor then it is possible to apply to the Probate Registry to have them replaced. In this instance, specialist legal advice should be sought. Although we do not supply such advice we will be able to recommend solicitors in your area that do.

Please contact us if you’d like more information about an Act as Executor Capacity Assessment.