A forensic psychiatrist is asked to opine on 'testamentary capacity' of an 80-year-old who made a will while reportedly having dementia. The MINIMUM legal requirement for a valid will under the Indian Succession Act, 1925 is that the testator must:

• A Be at least 21 years old and of sound mind at the time of execution
• B Have no diagnosis of any mental illness at any time in their life
• C Be certified sane by two registered psychiatrists within 30 days of executing the will
• D Be at least 18 years old (major under Indian law) and of sound mind at the time of executing the will ✓

Explanation

Under the Indian Succession Act, 1925 (Section 59), every person of sound mind and not a minor (i.e., 18 years or older under the Indian Majority Act, 1875) may make a will. Soundness of mind is assessed at the specific moment of execution, not retrospectively across the person's lifetime. A person with dementia may have lucid intervals during which they possess full testamentary capacity. The four pillars of testamentary capacity are: knowing the nature of making a will, knowing the extent of property, knowing the natural heirs (natural objects of bounty), and being free from delusions affecting these judgements.

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.