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The Medico-Legal Approach to the Assessment of Testamentary Capacity: A Systematic Review
Anna Jakubek1, Tristan Montag2, Ian M Hull3
1Faculty of Health Sciences (A.J.), Queen's University, Kingston, Ontario.
Summary
The assessment of testamentary capacity faces challenges due to cognitive decline in the elderly. A systematic review highlights the need for better medico-legal collaboration and updated legal standards for will validity.
Area of Science:
- Medico-legal studies
- Geriatric medicine
- Cognitive neuroscience
Background:
- Increasing elderly population and cognitive impairment raise concerns about will challenges.
- Litigation regarding testamentary capacity requires medical expert input for assessing cognitive and psychiatric functions.
- Existing legal frameworks, like Banks v Goodfellow, lack quantitative data and predictability.
Conclusions:
- There is a critical need for a comprehensive medico-legal approach to testamentary capacity assessment.
- Further research, including a scoping review of judicial decisions, is required to understand current practices.
- Developing a predictive model using relevant variables could aid legal and medical professionals in determining will validity.
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