Testamentary Capacity Testing in Louisville, Kentucky
Based In Louisville, Kentucky But Able To Travel For Service
Testamentary capacity refers to a person’s legal and mental ability to make or amend a valid will. In estate planning and probate court, it plays a central role in determining whether a person was of sound mind when executing their last wishes. At Dr. Kaplan Psychology in Louisville, Kentucky, we offer comprehensive
testamentary capacity evaluations to assist families, attorneys, and courts in answering this complex legal and psychological question.
Whether you're planning proactively or facing an
estate litigation capacity dispute, our specialized assessments help clarify a testator's
cognitive capacity for will-making through expert psychological evaluation.
What Is Testamentary Capacity?
Testamentary capacity ensures that an individual understands the significance of making a will, has a general knowledge of their assets, recognizes the natural beneficiaries of their estate, and can devise a rational plan for distributing those assets. The person must also be free from undue influence and mental disorders that could impair judgment. A lack of testamentary capacity can raise concerns about the validity of the will, potentially leading to probate disputes.
What Is a Testamentary Capacity Test?
A
testamentary capacity test is a structured psychological evaluation that determines if an individual possesses the mental competency required to make a legally binding will. The evaluation process includes clinical interviews,
neuropsychological assessments, collateral interviews with family or caregivers, and a review of relevant medical and legal records. This test can be performed
preemptively, before a will is signed, or
retrospectively, during court proceedings when the testator is deceased and their mental state is in question.
When and Why Is Testamentary Capacity Testing Used?
A testamentary capacity evaluation is often requested in the following scenarios:
- Before drafting or revising a will to confirm mental competency.
- During probate court capacity evaluations to resolve challenges to a will’s validity.
- In elder law mental evaluations when cognitive decline, dementia, or undue influence is suspected.
- When an expert witness in testamentary capacity is needed for legal proceedings.
If you're wondering
“How do you prove testamentary capacity?” or
“Who can evaluate testamentary capacity?” — the answer often involves a qualified psychologist with forensic experience, such as Dr. Kaplan.
Key Components of a Testamentary Capacity Assessment
Our evaluations follow a testamentary capacity checklist based on legal and psychological standards, including:
- ✅ Understanding the nature of a will
- ✅ Knowledge of one’s property and assets
- ✅ Awareness of natural beneficiaries
- ✅ Appreciation of how the will distributes assets
- ✅ Freedom from delusions or impairments
- ✅ Ability to form a rational distribution plan
- ✅ Assessment of susceptibility to undue influence
Why Choose Dr. Kaplan?
With decades of experience in forensic psychology, Dr. Kaplan provides expert assessments tailored to meet legal standards in Kentucky. Whether you're a family member seeking clarity, an attorney building a case, or a court needing impartial evaluation, we are here to help.
Schedule a Testamentary Capacity Evaluation in Louisville
If you need to assess testamentary capacity, don’t wait. Proactive evaluation protects the testator’s wishes and ensures their legacy is honored fairly and legally.
