Expert Evaluation of the Validity of a Testament

Overview

Evaluation of the validity of a testament is one of the most difficult expert activities as it is notpossible to examine clinically the deceased and because of inadequate or completely lackingmedical documentation. The competence to write a testament is doubtful in the case of a seriousmental disorder such as psychotic disease, obvious dementia or psychopathological symptomsassociated with prolonged exhausting somatic disease with the development of pathologicallyenhanced suggestibility. The latter is demonstrated by the authors on the example of an elderlyman who as a result of serious somatic affection succumbed to the intense psychic pressure of hisattending assistant and bequeathed to her under the influence of her untruthful information hisextensive property. The second case-record draws attention to the importance of psychiatricdocumentation. In the described case its non-existence made the court accept the validity of thetestament written by the deceased who, beyond doubt, suffered from a psychotic disorder.

Key words:
legal competence to write a testament, pathologically enhanced suggestibility, dementia,exhausting somatic disease, importance of medical documentation.