ABSTRACT

A will is a written document in which a person states how he wants his property or wishes to be distributed, executed, or disposed of after death or ill health. A person who makes a will is the ‘testator’, and his will is called a ‘testament’. The testament of a testator must fulfil some fundamental legal requirements to avoid challenges after his death. A person, to make a legally valid will, must have a testamentary capacity. The preliminary step for making a valid will is to have a sound, disposing mind (compos mentis). Compos mentis is always certified by a doctor. The medical practitioner should know his duties, his responsibilities, and the legal consequences. This chapter enumerates how a medical practitioner should examine and certify the testator and what he should do in the court in matters related to a will. This chapter discusses the role of the doctor in making a ‘will’ and the medicolegal aspects.