Step 1: Watch Tutorials
You can access our tutorials for free. You will learn the basics of the laws of mental or testamentary capacity. You'll also learn how to protect your wishes using Capacity Vault. These short messages are designed to help you complete your call as smoothly as possible. Our messages are designed to be accessible for those who are visually impaired and who are hard of hearing. If you need to ask anything we don't cover in our tutorial before you start your recording please contact us.
Step 2: Create the Account
We need to make sure that your Capacity Vault evidence is properly and securely stored. To do this we will set up a secure account for you where you can store your evidence. Setting up an account is free. Part of the account setup involves checking that your computer will work smoothly with our system. We do this all before taking any payment from you. Once you have passed our checks you can submit payment and start your call.
Step 3: Make your Call
Our solicitors, barristers and legal professionals have set a series of simple questions. You'll be asked for details of your financial background, your family and about you and your wishes. We'll ask everything we need to safeguard you and your wishes. You should make the call on your own or (if necessary) in the presence of a medical professional, an independent translator or legal advisor. Once the call is complete we will give it a secure digital ID so we can provide your evidence to the court if your wishes are ever challenged.
How Capacity Vault works
Capacity Vault ensures you and those closest to you are protected.
You make permanent, secure and verifiable evidence of your capacity. The process will ask the questions needed to pass the legal tests to show "mental capacity" or “testamentary capacity” – i.e. you are aware and know what you are doing. You make your recording at the same time (or just before or after) you execute your will or LPAs.
You will answer the necessary questions. Capacity Vault keeps your answers. Your evidence is stored on a secure server and given a tamper-proof stamp (or “hash”). You receive a certificate to keep with your will.
If your wishes are challenged in the future we provide legally certified copies of your evidence. Those closest to you, anyone challenging the will and the courts get access to this evidence.
The courts will see you demonstrating your testamentary capacity and/ or mental capacity yourself. On video. In your own words.
If you lack capacity at the time you make your will and make the evidence that can be shown too. For example: if you forget that a close friend or family member exists your evidence will show this. Your friend or loved one is therefore protected.
Who can use it?
Capacity Vault has been designed to be accessible to people of all ages and technological abilities.
You should use Capacity Vault if you are making a will and:
• you are very poorly and you are on strong medication;
• you have a diagnosis or you suspect you have a dementia related illness such as Alzheimer’s Disease;
• there are any other diagnosed or suspected issues with your mental health or wellbeing that could affect your judgement when making your will.
The courts have also said that anyone who is “aged” or who “has suffered a serious illness” should take precautions. This is a very wide and vague definition. If you are in doubt we suggest making a capacity vault recording.
Finally – you may be aware of someone who is likely to challenge the wishes in your will. One of the most common challenges to a will is around mental capacity. Usually it is very difficult to disprove and it can be easy to create evidence or doubt. Capacity Vault evidence is legally verifiable and tamper proof. There is no better way to protect your wishes.
What does Capacity Vault cost?
This creation and providing a unique hash for your evidence.
After this there is a £10 annual subscription fee. The subscription covers unlimited updates, access to download additional certificates and free provision of legally certified copies of your evidence for the courts.
If you cancel your subscription more than 18 months before probate is applied for then your executors will also have to pay an administration fee to access your Capacity Vault evidence. The fee is currently £275 plus VAT plus expenses.