Commentary: Contested Wills and Will Contests

摘要

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.