Abstract
We examined 25 lawsuits in 2016, in which testamentary capacity was an issue, from a medical perspective to obtain primary data on testamentary capacity evaluation. Cognitive decline was reported in 22 cases, of which 10 cases had a diagnosis of dementia. There were 13 cases with psychiatric symptoms. The judges reviewed the results of cognitive tests, including the revised version of Hasegawa's Dementia Scale, medical records, neuroimaging, ADL suggested by other records, psychiatric symptoms, and testators' condition when making their testament. The complexity of the will and its rationality based on the relationship with the heir(s) was also considered. As people who make a will are expected to increase in the future, corroboration between lawyers, geriatric psychiatrists and psychologists, and rehabilitation and care professionals is necessary to avoid conflicts and to support older adults making a will to reflect their intentions in their will.
