A Testator Who Is Legally Incapacitated: How Does Legal Capacity Affect Inheritance?

Quick Overview: Can a Person with Limited Legal Capacity Write a Will?

Yes, a will drawn up by a person with limited legal capacity may be valid under certain conditions. The decisive factors are whether the court has also restricted the testator’s capacity to make dispositions of property upon death, whether the required form was followed, and whether the testator was able to express their own will and understand the consequences of their decision at the time the will was drawn up. A diagnosis of dementia or another mental disorder alone does not automatically render a will invalid.

Are you unsure whether a restriction on legal capacity allows you to make a will? Have a lawyer review the court decision and your intended course of action before signing the document.

What does legal capacity mean?

According to the Civil Code, every person is considered fully legally competent upon reaching the age of majority, unless their legal capacity has been restricted by a court. In other words—unless a court rules otherwise—everyone aged 18 and older has legal capacity. With the new Civil Code, the terms “legal capacity” and “legal competence” have come into more frequent use.

Legal capacity refers to the ability to act independently in legal matters and to bear responsibility for one’s actions. However, this ability may be affected, for example, by a mental disorder, dementia, or another medical condition that limits the ability to understand the consequences of one’s own decisions.

A restriction on legal capacity is a serious encroachment on an individual’s rights; therefore, it can only be ordered by a court. In proceedings to restrict legal capacity, the court considers all circumstances, including the individual’s health condition and the extent of their ability to weigh their own decisions. Such a restriction can be either complete or partial, and its consequences have a significant impact on matters of inheritance and wills. Due to the restriction of legal capacity, a testator may, for example, face difficulties in drafting both holographic and allographic wills.

In the context of inheritance, when addressing the testator and their legal capacity, it is important that you also have a clear understanding of the term “legal act.” This term refers to any act that expresses a person’s will and has legal consequences—a will is a typical example of such an act.

Who has the capacity to make a will?

The capacity to make a will is assessed differently in some respects than the capacity to enter into ordinary contracts. The Civil Code therefore contains special rules for persons who do not have full legal capacity.

A person over the age of 15 who has not yet attained full legal capacity may make a will without the consent of a legal representative, but only in the form of a public document. In practice, this will usually be a notarial deed.

A person with limited legal capacity may also validly make a will under certain circumstances. The exact wording of the court decision is crucial. If the capacity to make a will is included within the scope of the restriction, the law generally requires the form of a public document.

Even a testator whose legal capacity is restricted to the point of being unable to make a will may, under exceptional circumstances, validly express their last will if their health improves sufficiently that they are able to form and express their own will.

Special rules also apply in cases of legal capacity restrictions due to pathological dependence on alcohol, psychotropic substances, or gambling. Such a testator may generally dispose of no more than half of the estate within the scope of the restriction. The remainder goes to the statutory heirs, provided that the state is not the sole statutory heir.

Therefore, the issue of inheritance and legal capacity cannot be addressed solely based on the general designation “legally incapacitated.” It is always necessary to know the extent of the restriction, the form of the will, and the testator’s condition at the time the will was signed.

A restriction on legal capacity and a mental disorder are not the same thing

The testator does not need to have had their legal capacity restricted by a court for doubts to arise regarding the validity of their will. Even a person with full legal capacity may, at a specific moment, be acting under a mental disorder that prevents them from understanding the meaning and consequences of their actions. This could include, for example, the acute phase of an illness, severe disorientation, intoxication, or advanced dementia.

Conversely, a legal incapacity in and of itself does not automatically mean that a person does not understand the contents of a will. In both cases, therefore, the specific circumstances and the testator’s mental capacity at the time the will was made are assessed.

How does legal incapacity affect a will?

The validity of a will does not automatically depend on whether the testator had full legal capacity. The Civil Code sets forth special rules under which, under certain conditions, a person with limited legal capacity or a person over the age of 15 who has not yet attained full legal capacity may also make a will.

It is always necessary to determine how the court defined the scope of the legal incapacity, whether the restriction also applies to making a will, and in what form the will was drafted. A separate assessment is also made as to whether the testator, at the time of signing, was able to understand the significance of the will, its contents, and the consequences of their decision.

Legal Disputes Over the Validity of a Will

Challenges to the validity of a will are common in cases where there is suspicion that the testator lacked legal capacity. These disputes can be very complex and time-consuming, as they require thorough evidence. Who can challenge a will? Typically, these are heirs who feel they have been disadvantaged by the will.

If you wish to challenge a will on the grounds of the testator’s lack of legal capacity, be prepared to submit evidence such as medical reports, witness testimony, or documentation that could prove the testator lacked legal capacity. If a notary was present when the will was drawn up, the notary’s record is considered evidence that the testator acted with legal capacity.

Courts therefore often face the challenge of assessing the credibility of all witness statements and evidence in inheritance disputes. In some cases, medical reports are decisive, but the circumstances under which the will was created must also be taken into account.

Do you suspect that the testator did not understand the contents of the will when signing it? We can help you protect your rights.

How Can You Prevent a Will from Being Invalidated Due to the Testator’s Incapacity?

To avoid disputes over the validity of a will, try to follow a few basic rules. By adhering to these principles, you’ll increase the likelihood that your will will be valid and that both your heirs and the notary will respect it.

1. Notary Assistance: A will should be drawn up in the presence of a notary. The notary will verify that the testator is acting of their own free will and with sound judgment.
2. Medical evaluation: If there are doubts about the testator’s capacity, we recommend obtaining a medical evaluation confirming their ability to act.
3. Witnesses: The presence of witnesses who can attest that the testator acted without coercion and fully understood their decision is another important step.
4. Regular Updates: A will should be updated regularly to reflect the current circumstances of both the testator and the heirs.

Case Law and Practical Examples

Czech courts have already dealt with a number of cases in which the validity of a will was challenged due to the testator’s lack of legal capacity. For example, in one well-known case, a will was declared invalid because it was proven that the testator suffered from advanced dementia and was unable to recognize the consequences of his actions.

Conversely, there are also cases in which the court upheld the validity of a will even though the testator had limited legal capacity. The testator’s legal representative was able to prove that, at the time the will was drawn up, the testator acted entirely rationally and of their own free will, which was, of course, supported by a medical opinion and witness testimony.

Case law also shows that courts strive to balance the protection of the testator’s rights with those of the heirs. In doing so, they sufficiently ensure fairness and respect for the testator’s decision-making autonomy.

The issue of the testator’s lack of legal capacity is closely related to the issue of will invalidity, which we discussed in detail in our article on when a will is invalid. In that article, we examined other causes that can lead to the invalidity of a will, such as formal defects or coercion of the testator. However, the issue of legal incapacity represents a specific ground that often requires a more in-depth examination of the testator’s health and the circumstances surrounding the drafting of the will.

How can you prevent problems for the testator?

• Drafting a will with the assistance of experts: Visit our law firm (feel free to use our online service) and draft your will with us. We’ll help ensure that your will meets all legal requirements.
• Securing evidence: If the testator suffers from health issues that could call their legal capacity into question, it is advisable to obtain a medical opinion. This will allow you to prove later that they acted with legal capacity.
• Regular communication with heirs: If you are the testator, strive for transparent and open communication with your heirs. This can help prevent disputes and ensure that your heirs will respect your decisions as the testator.
• Preparing alternative documents: In addition to a will, it may be useful to prepare, for example, gift deeds or other documents that clearly express the testator’s wishes.

The testator’s incapacity is, in short, a sensitive and complex issue that can have a significant impact on the validity of the will and the course of the probate proceedings. Therefore, it is important to give this matter due attention and to proceed with caution when drafting a will. By utilizing the services of our experts, you can minimize the risk of disputes and ensure that the testator’s wishes are respected. If you have any doubts about the testator’s legal capacity or need advice on drafting a will, please do not hesitate to contact us.

Summary

A restriction on legal capacity does not automatically mean that a testator cannot validly execute a will. The decisive factors are the exact scope of the court-imposed restriction, the form of the will, and the testator’s ability to understand the meaning and consequences of their actions at the time of signing. Some individuals may only make a will in the form of a public document, typically a notarial deed. Cases where a person’s legal capacity was not restricted by a court but they acted while suffering from a mental disorder are assessed on a case-by-case basis. If in doubt, it is advisable to review the court decision before drafting a will, choose a secure form of the document, and preserve evidence of the testator’s condition and true intent.