The impact of testator’s disability on the testamentary capacity

Abstract

The testator’s disability, which isn’t mentioned in legal provisions regulating testamentary inheritance, is of significant importance for possibility of shaping in a will the fate of owned property after the testator’s death The aim of this article’s to show the relationship between the testator’s disability and his testamentary capacity. Making valid testamentary dispositions requires full legal capacity. Therefore a natural person with limited legal capacity or without legal capacity has been deprived of the right to make a valid declaration of will mortis causa. Since the conditions for a declaration incapacitation are: mental illness, mental retardation or other types of mental disorders, an intellectually disabled person deprived of full legal capacity, cannot make a will.