A court requests a psychiatric fitness report ('Fitness to stand trial' / testamentary capacity). Under Indian forensic psychiatry, testamentary capacity requires that at the time of making a will, the person must possess all EXCEPT:

• A Freedom from any psychiatric illness whatsoever ✓
• B Knowledge of the nature of the act of making a will
• C Knowledge of the nature and extent of their property
• D Knowledge of the natural objects of their bounty (heirs)

Explanation

Testamentary capacity (the legal requirement to make a valid will) in Indian law does not require complete absence of mental illness — a person may have psychiatric illness and yet possess testamentary capacity. The four criteria (Banks v Goodfellow test) are: (1) understanding the nature of making a will, (2) knowing the nature and extent of their property, (3) knowing the natural objects of their bounty (relatives), and (4) understanding how the will disposes of their property. Persons with lucid intervals in psychosis can validly execute a will during a lucid period.

Reference: The Essentials of Forensic Medicine and Toxicology (Narayan Reddy), 34th ed.

High-yield for: NEET PGINI-CETNExTFMGEUSMLEPLABMRCP

Written and medically reviewed by the StethoPrep medical team.