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Madrid · Cases across Spain

Testamentary capacity assessment

Psychological examination of abilities relevant to making a will and circumstances of vulnerability, through direct assessment or a retrospective document review.

Questions an assessment may address

  • Which cognitive functions were relevant to the act?
  • What records exist from the period under review?
  • What circumstances may affect understanding and expression of wishes?

How we approach this matter

We define the relevant time and specific question. Clinical records, history, observations and other available evidence are integrated. A diagnosis is considered in relation to specific functioning rather than treated as an automatic finding of capacity or incapacity.

What the report provides

An analysis of abilities and limitations supported by the sources, identifying the reach and constraints of retrospective reconstruction.

Useful material for the initial review

  • The will and documents relating to its execution.
  • Health records close to the relevant date.
  • Cognitive assessments and documented history.

A brief description is enough for the first contact. Document sharing is arranged afterwards.

A common question

Can a will be assessed after the person has died?

A retrospective documentary assessment may be possible. Its conclusions depend on the quality and timing of the available sources.

Madrid · Cases across Spain

Tell us what your case needs to clarify.

Describe the type of proceedings, the current stage and the issue that concerns you. We will define the scope of the work and an individual fee proposal.

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