Forensic psychiatry: lucid interval: practice question

A Forensic Medicine question in the style of the NEET PG paper. Answer it first, then read why the right option is right and why each of the others is wrong.

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Forensic Medicine · Forensic psychiatry: lucid interval

Sample item

A man with relapsing bipolar disorder executes a will during a symptom-free period, and relatives later challenge it. Under Indian law, the will is likely to be:

AValid only if countersigned by a psychiatristBValid only if executed before the illness was first diagnosedCInvalid in every circumstance, because of the diagnosisDValid, if it is shown that he was of sound mind and understood the act when executing it

Original practice item, not a recalled exam question. Nothing here is recorded.

The answer and the reasoning

D. Valid, if it is shown that he was of sound mind and understood the act when executing it

Testamentary capacity is judged at the time of making the will, and a person of unsound mind may make a valid will during a lucid interval. The burden is on those propounding the will to show that he understood its nature, his property and the claims of the beneficiaries.

Option by option

A. Valid only if countersigned by a psychiatrist
The law does not require a psychiatrist's countersignature, although medical evidence is helpful.
B. Valid only if executed before the illness was first diagnosed
Execution before diagnosis is not required, and the key issue is capacity at the time of making it.
C. Invalid in every circumstance, because of the diagnosis
A diagnosis alone does not invalidate a will, because capacity is assessed at the moment of execution.
D. Valid, if it is shown that he was of sound mind and understood the act when executing it (correct)
A will made in a lucid interval is valid if capacity at that time is proved.

Source note: Original NextPrep sample item — pending expert review. This item is original practice material awaiting independent expert review, so confirm important facts in a standard textbook.

Questions about this Forensic Medicine question

What is the answer to this Forensic Medicine question?

The best answer is D, Valid, if it is shown that he was of sound mind and understood the act when executing it. Testamentary capacity is judged at the time of making the will, and a person of unsound mind may make a valid will during a lucid interval.

Why is "Valid only if countersigned by a psychiatrist" not the answer?

The law does not require a psychiatrist's countersignature, although medical evidence is helpful.

Why is "Valid only if executed before the illness was first diagnosed" not the answer?

Execution before diagnosis is not required, and the key issue is capacity at the time of making it.

Why is "Invalid in every circumstance, because of the diagnosis" not the answer?

A diagnosis alone does not invalidate a will, because capacity is assessed at the moment of execution.

What concept does this question test?

It tests Forensic psychiatry: lucid interval in Forensic Medicine. The burden is on those propounding the will to show that he understood its nature, his property and the claims of the beneficiaries.

How hard is this question?

We tag it as an application question: it asks you to use a fact on a patient or a finding. The tag is our own editorial judgement, not an official difficulty rating, so read the reason for every option, not only the answer.

How should I study Forensic psychiatry: lucid interval?

Learn postmortem changes with their timelines, and toxicology as poison, sign, test and antidote. Then use the flashcards and the other Forensic Medicine questions on this site to test what stuck.

Is this a real NEET PG question?

No. It is an original practice item (editorial status: sample, version 1). NextPrep does not publish recalled or leaked questions, and independent faculty review of this item has not been completed yet, so confirm important facts in a standard textbook.