Testamentary Capacity Evaluation

Testamentary Capacity Evaluation

A testamentary capacity evaluation is often requested through attorneys or courts making efforts to establish an individual’s ability to make rational decisions regarding their estates. Many attorneys will request these as part of their estate planning for their client in order to establish testamentary capacity at the time they draft their wills. This evaluation consists of a clinical interview with specific questions regarding estate planning, intellectual, functional, neuropsychological, and personality testing (as indicated). Collateral sources are also reviewed as needed. A final report will provide evidence-based opinions regarding the specific psycho-legal questions pertaining to testamentary capacity. For example, does the individual know they are making a will, know what they have to leave to others, know who the main people in their lives are that should be considered, and have clear rationale for why they are setting up their estate planning in a particular manner?