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Webinar: Wills & Mental Capacity Assessments
7 December 2022

£40.00£200.00 + VAT

Release Date: Wednesday 7th December 2022

This webinar product offers a link to the video recording for you to watch at your leisure.

Webinar Presented by: Gill Steel, Owner/Director, LawSkills Ltd
Premier trainer in Wills, Probate, Trusts, Tax & Elderly Client

1 hour – SRA Statement of Competence A2



The assessment of mental capacity to undertake a Will is a serious business and becoming an increasing necessity as more older people live longer but are mentally frail. The presumption of capacity under the Mental Capacity Act 2005 does not apply to the question of capacity to make a Will and whilst the test is old its application to today’s clients is all-important. This webinar will remind practitioners of the rules as they are applied by Judges today and consider practical ways to apply the law and ensure the correct evidence is recorded.


Participants will be able to:

  • Apply the relevant legal tests
  • Collate evidence to support any judgment decision
  • Know when to seek a third-party assessment of capacity


  • The Banks v Goodfellow test – three limbs or four?
  • What questions do you ask to establish capacity or lack of capacity?
  • What should you be looking for?
  • Undue influence – do you record your assessment of that separately from capacity?
  • Must the ‘Golden Rule’ be followed in every case?
  • When should you refuse to go ahead?
  • Leaving out a family member or dependent – protective steps


comentis logoThis webinar is sponsored by COMENTIS. They help organisations across the globe to proactively identify and triage ‘at risk’ clients through an online cognitive assessment process that can be integrated into existing customer workflows and client journeys.