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Testamentary capacity — DGM MCQ

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ModerateEthics and lawTestamentary capacityDGM

An 79-year-old man with mild cognitive impairment asks his GP to witness a new will leaving his estate to a neighbour. His nephew reports recent pressure from the neighbour. The patient understands his assets during the consultation but gives inconsistent reasons for the change. What is the most likely diagnosis?

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Correct answer: B — Possible impaired testamentary capacity with undue influence concern

Testamentary capacity requires understanding the nature of making a will, the extent of the estate and potential claims, while undue influence must be considered. Mild cognitive impairment does not automatically remove capacity. The inconsistent reasoning and reported pressure justify careful assessment and documentation.

Reference: Mental Capacity Act 2005 principles; British Medical Association guidance