Commentary: Contested Wills and Will Contests

J Am Acad Psychiatry Law. 2015 Sep;43(3):293-7.

Abstract

When disinherited heirs challenge a will drafted by a person suspected of having dementia, a legal battle may ensue. The "lucid interval," a brief return to competence from a state of dementia, has been invoked in years past to establish the validity of contested wills. Shulman et al., having reviewed the medical and legal literature, make a convincing argument that no such period of competence occurs in the course of dementia. A neuropsychiatric autopsy is outlined in this commentary to provide a method of determining the validity of a last will and testament, by applying the clinical method described when witness statements do not provide accurate guidance.

Publication types

  • Comment

MeSH terms

  • Cognition*
  • Dementia / psychology*
  • Humans
  • Male
  • Mental Competency / legislation & jurisprudence*