Mental Capacity Assessment to Act as Executor of aWill

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 an executor who may lack capacity, please get in touch.

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. Therefore, if you have a client who lacks the mental capacity to act as an executor of a will and you are seeking for a mental capacity assessment for the execution of the will, then contact our professionals at Mental Capacity Assess.

What is meant by an executor?

The person whose name is mentioned in the will to sort out the assets of a person who died is known as an executor. The estate of a person who died may include property, money, or any other assets that a person may own or possess.

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 business. The executor must then apply to get the “probate of the will”, and ensure to look after the person’s assets. After the value of all 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 psychiatry professionals 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 through a video link or in person wherever the person feels comfortable. Detailed questions would be 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, the 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 would be replaced.

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

In situations where the person appointed by a will lacks the mental capacity to act as an executor, the same 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