Case report: psychiatric assessment of testamentary capacity in Nigerian subject

ABSTRACT

Background

Testamentary capacity is an orphan topic in most psychiatric literatures especially in Nigeria. Trends of events are however changing as knowledge advances.

Aims

To appreciate the legal and medical interface, aid our understanding of the factors in the assessment of testamentary capacity and mastery of the principles involved.

Method

Vignette is made of one of the one of the two cases that were seen in Psychiatric Hospital Uselu, Benin-City, Edo State, Nigeria between March and May 2012. Theoretical basis and methodical adaptation in different instances as they relate to assessment of testamentary capacity were discussed.

Results

Testamentary freedom is limited by customary law which is not uniform because of cultural heterogeneity in the Nigeria setting. More detailed assessment is required when assessing testamentary capacity in special population.

Conclusion

Psychiatrist should prepare for the possibility of more of such request in the future.

KEYWORDS:

• Testamentary capacity
• psychiatry
• assessment
• Nigeria

Disclosure statement

No potential conflict of interest was reported by the authors.