Limits on testamentary freedom for people with dementia in Albania: Innovative Practice

• Published in: Dementia (London, England) Vol. 16; no. 5; pp. 658 - 664
• Main Authors: Vyshka, Gentian, Kruja, Jera
• Format: Journal Article
• Language: English
• Published: London, England SAGE Publications 01.07.2017
• Subjects: Albania; Dementia - psychology; Expert Testimony - ethics; Freedom; Humans; Mental Competency - legislation & jurisprudence; Wills - legislation & jurisprudence; decision-making; dementia; nullification of wills; testamentary capacity; ability to make a will; legal proceedings; capacity
• ISSN: 1471-3012; 1741-2684
• DOI: 10.1177/1471301215602988

The extent to which dementia affects a person’s testamentary capacity has been the subject of much litigation with some countries introducing legal tests to assess capacity. In light of substantial societal change in Albania in the last two decades and an epidemic of property litigation, Albanian legal practice is witnessing an increasing number of attempts to posthumously nullify wills. Plaintiffs are mainly relatives of the deceased testator who are unhappy with the quantity or quality of the property they have inherited. Based on plaintiffs’ claims, solicitors may request expert neuropsychiatric reviews postmortem, often basing their position on prescription drug use by the testator during his/her last years of life. The authors discuss ethical issues intrinsically related to the difficult role of a potential expert witness in these litigation cases.