Capacity to Act as an Executor

Our executor capacity test is an expert opinion undertaken by our Independent Social Workers. Formatted in a thorough report documenting whether the individual understands in basic terms their role and responsibilities as a named Executor. We can also help by signing a PA14 form for probate if we find that the individual does not understand their role as an Executor.
Case Studies

I can honestly say I've been so impressed with your service that I will be recommending my team and anyone who needs this kind of service to you. Everything exceeded my expectations. Thank you for your swiftness in getting this done for me
Chartered Legal Executive and Partner, Ellisons Solicitors, Essex

I am very impressed with the service I have experienced. When I first contacted Thornton & lee, they rang me back very quickly and was knowledgeable about the PA14 that I required, guiding me through the process. I was able to get a provisional appointment date that was not too far away. A quote was prepared rapidly and was a good price. I was kept informed throughout. The assessor was friendly and compassionate about Dad’s sensitive circumstances. The interview was carried out thoroughly and with care and consideration of Dad’s situation.I received a well written draft a couple days after the interview. Thank-you for making a difficult process efficient, easy to navigate, as well as with care and consideration of my father.  The service was so professional as well as caring.

Ms W, Private Customer, Hertfordshire

I felt that my enquiry was dealt with professionally and sensitively and felt that everyone I communicated with was very good. The option to have the assessment via video call was very useful and think this is beneficial for all parties. I was very happy with the time taken to produce the report and felt it was a thorough and well documented assessment. Its not a process I wanted to go through firstly as its difficult coming to terms with someone loosing capacity and having it exposed so clearly. And secondly I would have preferred my Dad's GP helped with the PA14 as they know full well he does not have capacity. This does not seem right or fair to me. Anyway the service you provided was excellent and I am glad that you could help me. I can now complete the probate application for my Mum on behalf of my father, so that will be a relief. Thank you for your support and help. 

Ms A, Private Customer, Hampshire

I would recommend this service to anyone. Everyone I have spoken with has been helpful and friendly. The assessment process was straight forward. My elderly mother was able to fully understand the Assessor, who listened to her, explained clearly and made the whole process a pleasure. Having a face to face assessment was much nicer for my mother who struggles with technology but loves meeting new people.The report was extremely detailed and having this has given us all peace of mind. I am grateful to our Solicitor for finding Thornton & Lee  . 

Ms C, Private Customer, Essex 

What is an Executor Capacity Assessment?

An executor capacity assessment is carried out by our social workers to determine if the named Executor of a Will can still fulfil their role. Assessments of Capacity to act as an Executor are carried out under the Mental Capacity Act (2005).

The role to act as an Executor of a Will, requires a general understanding of property and financial affairs. In addition to the legal responsibilities that fall to the role of an Executor of a Will. If the named Executor has experienced a deterioration in their memory, or a major change in their health, it might be possible that they no longer have the Mental Capacity to carry on with their duties. 

A Toy Wooden House On A Rugs With A Wooden tag labelled 'Probate'
Elderly Man Smiling Face Expression Concept

What is involved in a Capacity to Act as an Executor Assessment?

The assessment involves a series of questions, taking around one hour to complete. Our friendly Independent Social Workers can complete the Mental Capacity Assessment via Secure Video Link, or face to face with the Individual. 

Skilled in Mental Capacity assessments, we always ensure the individual is comfortable and at ease for the duration of the assessment.  If a PA14 form is also required to progress probate, we are also able to complete these forms from the evidence gathered during the Mental Capacity assessment.

What is a PA14 Probate Form?

The PA14 Probate form is a Certificate signed to confirm that the individual lacks mental capacity to proceed with a Grant of Representation Application, nor to act on the administration of an estate. In addition to a Capacity Assessment to Act as an Executor, occasionally a PA14 form will also be required. This is required if the capacity assessment has confirmed that the individual does not have the mental capacity to undertake the executor or administrator role.

Who can complete a PA14 Probate Form?

Thornton & Lee are in regular communication with HM Courts and Tribunals. They confirm and welcome PA14 Forms completed by our experienced and registered Independent Social Workers.

Historically the PA14 could only be completed by a medical professional. However many GP’s and medical professionals now decline to complete this form due to their own work pressures. Or the more specialist nature of having to assess and document a conclusion regarding understanding of property and financial affairs under the Mental Capacity Act (2005). This has led to significant delays in progressing probate, creating additional strains on what is already a potentially stressful situation.

With Thornton & Lee, the completed Mental Capacity report, and the signed PA14 Probate Form are returned within 7 days of the assessment appointment.

How long does a Capacity to Act as an Executor Assessment take?

The Capacity to Act as an Executor Assessment, depending on the complexity of the individual's needs, will take approximately an hour.

How does the assessment take place?

We can offer a face to face Capacity to Act as an Executor assessment, but in most cases we facilitate Video appointments. Our Secure Video Platform is accepted by the Court as a trusted method of assessment. However, if a face to face assessment is deemed essential please get in contact to discuss your needs.

Relaxed Appointments

It is important to us that every person we work with feels comfortable and at ease during the entire assessment process. Our person centred approach, and experienced Mental Capacity Assessors are personable and skilled at putting individuals at ease.

Quick Appointment Availability and Report Turn Around

We know time is of the essence and so offer appointments 7 days a week, to fit in with your life and availability. Please note we do suggest that you seek independent legal advice to ensure the assessment carried out by us is appropriate for your needs.

Get in touch with us today to arrange your Capacity to Act as an Executor assessment.

Please complete the enquiry form below. We will be in touch within 24 hours.
Empowered elderly man

PA14 Forms: Your questions answered

By Rebecca Thornton | 12 July 2023

Finalising the Estate for someone you have lost can be an overwhelming task, especially when you have to juggle potential hold ups with the Executor of the Will. There are ways to help with this situation such as completing a PA14 form.  If you have concerns about the person who is named the Executor or…