Mental Capacity Assessment to Make a Gift

A summary of case law of  relating to mental capacity to make a gift. If you have a client who may lack capacity and is intending to make a gift, please get in touch.

Assessing the mental capacity of an individual to make a gift is necessary due to a number of reasons. Therefore, if you know someone who lacks the mental capacity to make a gift, then please get in contact with one of our professionals at Mental Capacity Assess. 

What is meant by Mental Capacity Assessment to Make a Gift?

Mental capacity assessments mean to assess the mental capacity of a person to make sure that he or she can make a gift. 

What law regulates the Mental Capacity Assessment to Make a Gift?

The legal test laid down in the case Re Beaney 1978 is used to assess the mental capacity of an individual to make a gift. According to this case law, a test has been put forward which helps in determining whether or not a person is capable to make a gift. The capacity of a person to make a gift depends on the ratio of the size of the gift and his total assets. Thus, if the gift’s value somehow affects the value of the entire estate, then an assessment would be crucial. 

What Information is required in a Mental Capacity Assessment to Make a Gift?

In order to assess the mental capacity of a person making a gift the details regarding the gift, the client’s financial updates, and information about the client’s assets would be required. 

What is the Procedure for a Mental Capacity Assessment to Make a Gift?

The mental capacity assessment to make a gift would take through a video link. However, if you want to give the assessment in person, then any place that you would feel comfortable in would be alright as well. The assessor would ask you questions related to the gift you are making, the nature of the gift, the size of the gift, your financial information, and other details related to your estate. If you have any special requirements then you can inform us about it and we will make sure to incorporate it in our mental capacity assessment procedure. 

What is the Importance of a Mental Capacity Assessment to Make a Gift?

Making a gift in the name of someone else can often lead to a problematic scenario especially when the size of a gift is relatively larger than the person’s entire estate. This can cause a problem for the beneficiaries of the person’s will. 

What happens if a person lacks the Mental Capacity to Make a Gift?

In case a person lacks the mental capacity to make a gift, then it will be reported to the client’s deputy for financial affairs. However, if the individual doesn’t have a deputy, then a CoP3 form will be needed to submit to the Court of Protection. 

If you have a client who wants to make a gift and there are concerns regarding his or her mental capacity to make such a move, then please contact us to request a quote.

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