Mental Capacity Assessment to Act as Executor 

A summary of case law of  relating to mental capacity to act as executor of a will. We also discuss how to handle a PA14 probate Form to be completed by a medical professional. If you have a client or are managing probate for a sole executor who may lack capacity, please get in touch.

What happens when an executor loses capacity?

Assessing the mental capacity of an individual to act as the executor is vital if there are concerns that the person may not be able to discharge their duties effectively. If you have a client who lacks the mental capacity to act as an executor of a will and you are seeking  a mental capacity assessment for the execution of the will, please contact us for a quote.

What happens when an executor is unable to perform their duties?

When an executor loses capacity this may be because the executor has dementia or another condition that causes loss of capacity.

What is the Role of an Executor of a Will?

Once the testator dies, it is the duty of the executor to locate the will and contact all the beneficiaries and other people related to the testator’s affairs. The executor must then apply for probate.  After the value of the assets has been ascertained, the executor has to pay off all the debts of the testator and then divide the remaining assets of the testator among the beneficiaries.

What documentation is required to determine capacity in the case of applying for probate on behalf of a non-capacitous individual?

A PA14 probate form is a medical certificate sometimes completed by a GP who knows the patient and has access to the medical records. In some instances the GP will not know the patient, not have access to records and will be unable to perform a contemporaneous mental capacity assessment.

In these situations, our psychiatrists can perform a mental capacity assessment and mental state examination of the executor and complete the form, keeping a contemporaneous record of the assessment in case of any future challenge or concerns.

What happens in a Mental Capacity Assessment to Act as Executor of Will?

The mental capacity assessment can take place via phone, video call or face to face. Detailed questions are asked to assess the mental capacity of the individual. A copy of the will and other documents related to the diagnosis of the individual that affects his or her ability to act as an executor would also be ideal to complete effectively.

How the Mental Capacity Assessments for an executor of will is regulated?

The Mental Capacity Assessment to act as an executor of a will is governed and regulated under the Mental Capacity Act, 2005 (“MCA”).

Why is the Mental Capacity Assessment of an Executor of Will important?

Since the executor of a will has to carry out some major duties with respect to the assets of a testator, it is crucial for him or her to have the mental capacity to act as an executor and make important decisions. Thus, a mental capacity assessment helps in knowing whether the person would be capable to carry on such duties. In case the person lacks the mental capacity to act as an executor of a will, then he or she can be replaced.

What happens if a person lacks the mental capacity to act as an executor of a will?

In situations where the executor become incapacitated, the executor can be replaced by applying to the Probate registry.

If you want to get more information on Mental Capacity Assessment to Act as Executor of Will, then get in contact with our professionals at Mental Capacity Assess.

Unit M1, 40 Bowling Green Lane, London, EC1R 0NE

hello@mentalcapacityassess.co.uk