There is a bourgeoning elderly population, an increase in District Court estate disputes, and an identified need to refer at risk clients for formal assessment. However, there is limited research into effective and efficient assessment protocols vis-à-vis testamentary capacity and capacity to appoint an enduring power of attorney. Statistical limitations of neuropsychological tests are often overlooked. The current study reviews the interaction of legal principles and the scientic method in common law jurisdictions. Preliminary findings from expert opinions are presented. Participants are 13 general practitioners, seven lawyers and seven psychologists. Data was collected through a nominal group technique (focus group). Investigation of qualitative results indicated similarities and differences in approach adopted by the differing disciplines. The next phase of this research is to test-run an assessment protocol informed from the current findings
