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3/25/2010 · Forensic Psychiatry

Competency To Make A Will: Testamentary Capacity / Undue Influence

By: Pogos H. Voskanian, MD

Wills are generally contested either on the grounds that the testator lacked Testamentary Capacity (was incompetent to make a will at the time of signing it) or the testator, because of his/her mental state, was subject to Undue Influence (i.e. if there is evidence of coercion, manipulation, deception, compulsion, intimidation, etc.) or an Undue Influence secondary to a thought disturbance (such as delusions affecting the testator's free will in making decisions).

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