Dementia’s Impact on Testament Validity

Dementias Impact on Testament Validity

In the context of Italian jurisprudence, the article explores the legal ramifications of conditions like Parkinson’s and senile dementia on the capacity to comprehend and intend when creating a will. As the elderly population grows, understanding how dementia influences testament validity becomes crucial.

Mental Capacity and Wills: What are the Criteria? The validity of a will hinges on the testator’s ability to comprehend and intend. The Appellate Court of Palermo (11/01/2023, n.51) underscores that even severe conditions like hemiparkinson with mild cognitive decline do not automatically negate this capacity.

Impact of Senile Dementia on Testamentary Validity Examining the thin line between sufficient mental capacity and total incapacity, the article navigates through judgments to illustrate how conditions like senile dementia may affect the validity of testamentary acts.

Evaluating the Testator’s Medical Condition The Larino Tribunal (11/06/2018, n.186) emphasizes that proof of incapacity must be specific to the time of will drafting, not relying on presumptions tied to pre-existing or subsequent medical conditions.

Understanding Undue Influence on Incapacitated Persons The article briefly touches on the concept of undue influence on incapacitated individuals, acknowledging its potential impact on testamentary acts.

Proving Testamentary Incapacity It explores the legal mechanisms for proving testamentary incapacity, emphasizing the need for specific evidence related to the time of will creation.

Burden of Proving the Testator’s Lucidity Highlighting the burden of proof, the article discusses how the responsibility falls on those contesting the will to demonstrate the testator’s lack of lucidity during its creation.

Practical Example The article concludes with a practical example, demonstrating the application of legal principles in a real-life scenario involving testamentary capacity and dementia.

By shedding light on these legal intricacies, the article aims to contribute to a comprehensive understanding of how dementia can influence the validity of wills under Italian law.

VGS Lawyers is a law firm specialised in Inheritance and Will. Should you need assistance please  send your enquiry to:

Contact us now