Psychological Evaluation of Testamentary Competency and Undue Influence

 

   If you’re involved with planning your estate, you obviously intend your Will to be valid and uncontested. If there is a possibility that your will could be challenged based on your Soundness of Mind or on the Undue Influence of others, there is a way to avoid unpleasant legal challenges.  That is by having a psychologist perform an evaluation of your soundness of mind and ability to write a will.

 

   These evaluations are relatively inexpensive and brief, especially when compared to the financial and emotional cost of a contested will.  The Evaluator can make a definite statement regarding one’s soundness of mind and testator capacity.

 

   A well-written evaluation stands a high likelihood of being accepted without the need for expert witness testimony.  However, should testimony be required, then I am available to provide this service.  Also, a psychologist will likely be better prepared to testify regarding the critical issues than other professionals that may not have addressed the issues per se.

 

   How is competency assessed? Three standards must be met:

1.  The testator must know at the time of the making of the will that they are making a will

2.  They must know the nature and extent of their property

3.  They must know the “natural objects” of their bounty (their beneficiaries)

    This is assessed by means of cognitive and emotional/personality testing, and clinical interview.

 

   Regarding Undue Influence, or the influence of another person that substitutes the wishes of the testator, this too can be evaluated and documented simply and clearly.

 

   Please consult with your attorney to see if this is a necessary step for you to secure your estate.