Original scientific paper

MEDICAL REASONS FOR RETROSPECTIVE CHALLENGES OF TESTAMENTARY CAPACITY

Aleksandar A. Jovanović ; Institute of Psychiatry, Clinical Care of Serbia, 11000 Belgrade, Serbia
Siniša Jovović ; Health Centre Dr Marinko Marin, 15300 Loznica, Serbia
Srdjan Milovanović ; Institute of Psychiatry, Clinical Care of Serbia, 11000 Belgrade, Serbia
Miroslava Jašović-Gašić ; Institute of Psychiatry, Clinical Care of Serbia, 11000 Belgrade, Serbia

Abstract

Objectives: 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.
Subjects and 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).
Conclusion: 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.

Keywords

testamentary capacity; medical condition; mental disorder

Hrčak ID:

29238

URI

https://hrcak.srce.hr/29238

Publication date:

6.11.2008.

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