Are you dealing with an inheritance and want to distribute your assets before you die? Then you need not only to draw up a will correctly, but also to ensure that you, as testator, are legally competent at the time of its creation. If the testator’s capacity is challenged in any way, this can lead to the will being invalid and subsequent disputes between the heirs. In this article, we will look in detail at the issue of an incapacitated testator and its impact on inheritance proceedings.
According to the Civil Code, every person is considered to have full legal capacity from the time he or she reaches the age of majority, unless his or her legal capacity is restricted by a court. In other words, unless a court teaches otherwise, everyone has legal capacity from the age of 18. With the new Civil Code came the more frequent use of the term legal capacity or legal capacity.
Legal capacity means the ability to act independently in a legal capacity and to be responsible for one’s actions. However, this capacity may be affected by, for example, a mental disorder, dementia or other medical condition that limits the ability to understand the consequences of one’s decisions.
Deprivation of liberty is a serious interference with an individual’s rights and can only be ordered by a court in every case. The court considers all the circumstances, including the state of health and the degree of capacity to make decisions, when deciding whether to restrict capacity. Such a restriction may be either total or partial, and its consequences will have a significant impact on inheritance and wills. For example, the testator faces problems in making both holographic and allographic wills because of the limitation of his or her capacity.
In the context of inheritance, when dealing with the testator and his or her legal capacity, it is necessary to have a good understanding of the term legal action as well. It means any act that expresses a person’s will and has legal consequences – a will is a typical example of such an act.
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If a will is to be valid, the testator must have been fully competent at the time it was made. If it is proved that the testator was not competent, the will may be declared invalid. Situations in which capacity is called into question often arise where the testator suffered from a mental disorder, such as dementia, which affected his ability to recognise the consequences of his actions.
However, even a person with limited legal capacity can make a will under certain conditions. If it is ensured that the testator acted freely and fully understood the content and consequences of his or her decision, the will may be valid. The notary plays a key role in this case and must ensure that the will is drawn up according to the legal requirements and in the presence of witnesses. It is the notary who has the duty to assess whether the testator has the capacity to act. Some people avoid notaries because they do not want to pay notarial fees, but in this case their presence is more than appropriate.
Challenging the validity of a will is common in cases where the incapacity of the testator is suspected. These disputes can be very complex and time consuming as they require thorough proof. Who can contest a will? Usually it is the heirs who feel they have been disadvantaged by the will.
If you want to challenge a will for lack of capacity, then expect to have to produce evidence such as medical reports, witness statements or documentation that could prove that the testator was not competent. If a notary was present when the will was drawn up, his notarial record is considered proof that the testator acted with capacity. Courts are therefore often faced with the challenge of assessing the credibility of all witness statements and evidence in succession disputes. In some cases, medical reports are decisive, but the circumstances in which the will was made must also be taken into account.
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To avoid disputes over the validity of a will, try to follow a few basic rules. By following these principles, you will increase your chances that the will will be valid and that the heirs and the notary will respect it.
Czech courts have already dealt with a number of cases where the validity of a will has been challenged due to the incapacity of the testator. For example, in one well-known case, a will was declared invalid because it was proved that the testator suffered from advanced dementia and was unable to recognise the consequences of his actions.
Conversely, there are also cases where the court has upheld the validity of a will even though the testator had limited capacity. The deceased’s legal representative has proved that the deceased acted in a completely rational and free manner at the time the will was drawn up, which is of course supported by medical reports and witness statements.
The case-law also shows that the courts try to balance the protection of the rights of the testator and the heirs. This is sufficient to ensure fairness and respect for the autonomy of the testator’s decision.
The issue of the incapacity of the testator is closely related to the issue of the invalidity of a will, which we have discussed in detail in our article on when a will is invalid. In this article, we have discussed other causes that can lead to the invalidity of a will, such as formal defects or pressure on the testator. However, the issue of incapacity is a specific reason that often requires a deeper examination of the state of health and the circumstances of the making of the will.
The incapacity of the testator is, in short, a sensitive and complex subject which can have a major impact on the validity of the will and the course of the succession proceedings. It is therefore important to pay due attention to this issue and to exercise caution when drawing up a will. By using the services of our experts, you can minimise the risk of disputes and ensure that the will of the testator is respected. If you have any doubts about the testator’s capacity or need advice on making a will, please do not hesitate to contact us.
The incapacity of the testator is a crucial issue in probate proceedings as it directly affects the validity of the will. This article discusses in detail what legal capacity means, what effects it has on the making of a will and how a will can be contested. It offers practical advice on how to avoid problems such as using notarial services, obtaining a medical report or communicating transparently with heirs. The accompanying practical examples illustrate key aspects of this sensitive topic and show how to ensure that the testator’s wishes are respected.
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