Testamentary Capacity Analysis

When the testator has evidence of cognitive decline or psychopathology, a neuropsychologist might be called in to analyze evidence about testamentary capacity – the capacity to execute a will. If the testator is still alive, a neuropsychologist might be asked to address the nature and extent of pathology, and whether the testator has (or has had) the ability to execute a will. If the testator is deceased, a neuropsychologist might perform a neuropsychological autopsy to determine evidence regarding the capacity to make a will at the time of execution of the will. Dr. Chafetz has performed examinations of living testators, and has also performed neuropsychological autopsies in testamentary cases. Often, in these cases, the question of undue influence looms large, particularly if a main beneficiary has had a hand in urging or directing the testator to make a will. For more information on testamentary capacity, go here – Assessing Testamentary Capacity: Some Sensible Advice