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Forensic Medicine · Forensic psychiatry: lucid interval
Sample itemA man with bipolar disorder executed a will during a period of remission. After his death, a relative challenges it on grounds of insanity. Which approach reflects the law on testamentary capacity?
Original practice item, not a recalled exam question. Nothing here is recorded.
The answer and the reasoning
A. The will is valid if at the time of making it he understood the nature of the act, his property and his claimants, even if ill at other times
Testamentary capacity is judged at the time the will was made. A person of unsound mind can make a valid will during a lucid interval, if he knew he was making a will, knew the extent of his property and knew who had a natural claim on it. Medical evidence of his mental state around that time is critical.
Option by option
A. The will is valid if at the time of making it he understood the nature of the act, his property and his claimants, even if ill at other times (correct)
Correct. Capacity at the time of execution, including in a lucid interval, is what matters.
B. The will is valid only if made in hospital
A will may be made anywhere, and hospital location is not a requirement.
C. The will is invalid because he has a mental illness
A diagnosis alone does not remove capacity; the state at the time of execution is decisive.
D. The will is valid only if he had never been ill
There is no requirement that a person has never been ill.
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.
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