Hello. I have the following question. If a person with mental disorders (neurosis) draws up a will at a notary, can the family later challenge it because of the disorders being treated?
Neurotic disorders are not a premise for the invalidity of a will, although the patient's family has the right to question the validity of a will. Art. 82 of the Civil Code. and art. 945 of the Civil Code. The testator's declaration of will is conscious if there were no disturbances of consciousness at the time of drawing up the will and the testator clearly and clearly realizes that he is making a will with a specific content. Treating the lack of awareness and freedom as a defect of a declaration of will means that a will drawn up by a mentally ill person (but not incapacitated) is not invalid ex lege - according to the law. The mere finding that the testator is mentally ill does not automatically invalidate the will. It is necessary to take evidence from an expert opinion whether the testator acted with discernment at the time of drawing up the will. This position is presented in the decision of the Supreme Court of April 30, 1976, III CRN 25/76. Therefore, a will drawn up - by a mentally ill, but not incapacitated - during the so-called lucidum intervallum - a period of temporary improvement in the patient's condition. Therefore, bearing in mind the question, it should be clearly stated that neurotic disorders are not a premise for questioning the validity of a will. In the event of doubts as to whether the will was drawn up consciously and freely, the court will usually have to appoint an expert. Legal basis: The Civil Code Act (Journal of Laws of 1964 No. 16 item 93, as amended)
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Przemysław GogojewiczIndependent legal expert specializing in medical matters.
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