A testamentary capacity expert witness in 2024 is by definition a professional specialist in inheritance and succession and who provides with an assessment of cognition and behavior in order to express an opinion on the ability that a person with a mental disease had at the time of making or modifying his last wishes through his will.

The testamentary capacity expert witness aims to produce a report confirming or not that the testator did not have the capacity to dispose of his property at the time of the signing of his will, and may support the thesis that the deceased person does not had no capacity to test at the time she signed her or his will using sometimes the aid of a neuropsychologist.

The expert witness claiming expertise in Mental capacity is justified by the fact that when a notary receives a client in his office in order to draft or modify his will, the latter must take all reasonable means to verify the identity, quality and capacity of the parties to a notarial deed for which he receives the signature, in addition the notary nevertheless has an obligation of means towards his client and has no expertise and no obligation to have his client undergo a medical or psychological test.

The testamentary capacity expert witnesses in 2024 role is to check whether a testament, despite its authentic form, may contain anomalies as despite the medical certificate attesting to the full mental capacities of the testator, it is to be feared, in some cases, the doctor issued a certificate of convenience if he had been the attending physician of the disposing party and that one date very close to the litigious will, does not reflect this same evidence.

The witness expertise for inheritance and succession in terms of mental health should remember that notaries are not doctors and that is why they ask their clients to produce a medical certificate when the mental capacities of the author are likely to be challenged later.

The testamentary capacity expert witness is aware that the medical certificates are, of course, the reference in matters of proof, to the point that the court will sometimes appoint an expert witness to summarize it and give its opinion on the psychic and mental capacity of the person who signed the donation or will, to the time of signing such as: what was the impact of his or her illness and / or his suffering, his psychological decline, his intellectual weakening.