Medical reasons for retrospective challenges of testamentary capacity.
OBJECTIVE
The aim of this study was to establish the morbidity structure among testators whose wills were challenged as well as to reveal if there is a specific relationship between certain diagnostic categories in the testators' health status and forensic psychiatry expert opinion on testamentary incapacity.


METHODS
The authors analyzed 156 consecutive forensic psychiatry reports on retrospective, determination of testamentary capacity made in the Forensic Psychiatry Centre, Institute of Psychiatry, Belgrade in the period 1965 - 2005. The wills covered by this study were mostly made by male, 65 years old or older testators, with primary education, who executed a holograph will and survived it for less than a year.


RESULTS
Testamentary incapacity for medical reasons was established in 47% of the testators, while a strong, statistically significant relationship between a diagnostic category and testamentary incapacity was established among the testators suffering from an organic mental disorder (Chi-square=133.256, p=0.000) or a substance induced mental disorder (Chi-square=6.971, p=0.008).


CONCLUSIONS
Testamentary capacity is a specific focus of medical assessment given that the evidence for overturning a will is generally dependent upon medical assessment. In that respect, much litigation and expenses could be avoided if medical experts were given a chance to correctly assess the testamentary capacity of a person at the time of making a will. The fact remains that our findings may not be a representative cross-section of the general population, and this important issue certainly deserves to be addressed by future research based on a larger sample.
Jovanović
Aleksandar A
AA
Institute of Psychiatry, Clinical Centre of Serbia, 11000 Belgrade, Serbia.
Jovović
Sinisa
S
Milovanović
Srdjan
S
Jasović-Gasić
Miroslava
M
D000368:Aged; D015897:Comorbidity; D005104:Expert Testimony / Q000331:legislation & jurisprudence*; D005260:Female; D006304:Health Status; D006801:Humans; D016224:Living Wills / Q000331:legislation & jurisprudence*; D008297:Male; D016743:Mental Competency / Q000331:legislation & jurisprudence*; D001523:Mental Disorders / Q000175:diagnosis* / Q000523:psychology; D008875:Middle Aged; D019965:Neurocognitive Disorders / Q000175:diagnosis / Q000523:psychology; D011619:Psychotropic Drugs / Q000633:toxicity; D055771:Serbia; D019966:Substance-Related Disorders / Q000175:diagnosis / Q000523:psychology; D013405:Suicide / Q000331:legislation & jurisprudence / Q000523:psychology; D014918:Wills / Q000331:legislation & jurisprudence*
D011619:Psychotropic Drugs