Testamentary capacity. 1987

F C Redmond
Medical School, University of Texas Health Science Center, San Antonio.

Wills are more prone to challenge on the issue of testamentary capacity because, as people live longer, they are more likely to have the kind of conditions that interfere with capacity and because the courts seem to be more apt to hear evidence and allow findings of lack of testamentary capacity than in the past. Therefore, it is incumbent on attorneys to protect the interests of their clients by addressing the issue of testamentary capacity in any case in which a will contest might be anticipated. Ideally, attorneys in such situations should have their clients counsel with a psychiatrist who is knowledgeable and experienced in matters of probate and will contests. Further, the attorney and the client must provide extensive data (of the kind which a jury might ultimately obtain) on which the psychiatrist can base his or her conclusions that the client is of "sound mind."

UI MeSH Term Description Entries
D008297 Male Males
D008603 Mental Health Emotional, psychological, and social well-being of an individual or group. Mental Hygiene,Health, Mental,Hygiene, Mental
D005104 Expert Testimony Presentation of pertinent data by one with special skill or knowledge representing mastery of a particular subject. Expert Opinion,Expert Witness,Expert Opinions,Expert Testimonies,Expert Witnesses,Opinion, Expert,Testimony, Expert,Witness, Expert,Witnesses, Expert
D005260 Female Females
D005555 Forensic Psychiatry Psychiatry in its legal aspects. This includes criminology, penology, commitment of mentally ill, the psychiatrist's role in compensation cases, the problems of releasing information to the court, and of expert testimony. Jurisprudence, Psychiatric,Psychiatric Jurisprudence,Psychiatry, Forensic
D006801 Humans Members of the species Homo sapiens. Homo sapiens,Man (Taxonomy),Human,Man, Modern,Modern Man
D000368 Aged A person 65 years of age or older. For a person older than 79 years, AGED, 80 AND OVER is available. Elderly
D000369 Aged, 80 and over Persons 80 years of age and older. Oldest Old
D013781 Texas State bounded on the north by Oklahoma, on the east by Arkansas and Louisiana, on the south by Mexico, and on the west by New Mexico.
D014481 United States A country in NORTH AMERICA between CANADA and MEXICO.

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