Expert reports · Testamentary capacity
Expert Reports on Testamentary Capacity in Munich
Short answer
A testamentary capacity report assesses whether, at the time of making a will, a person could understand the significance of their declaration and act accordingly. For deceased persons, the assessment relies on treatment and care records, the document and witness statements.
For an initial review, the question, the instructing party and any deadline are sufficient.
Typical questions
The assessment examines whether a person had testamentary capacity when making a will or inheritance agreement (Section 2229 BGB) and contractual capacity when making a gift, granting a power of attorney or entering into a contract (Sections 104 and 105 BGB). It considers the effects of dementia, delirium, depression, psychotic illness, intoxication or medication at the relevant time. Notaries can clarify capacity before notarisation; courts and law firms assess it retrospectively in probate and inheritance disputes.
Who instructs us
Probate and civil courts instruct the expert directly. Law firms, notaries, insurers, companies and private individuals can enquire about an assessment.
Approach
For deceased persons, the assessment is based on medical records, nursing reports, any guardianship files, the will and witness statements. The time between the findings and the execution of the document determines how confidently capacity can be assessed retrospectively, and the report states this limitation explicitly. If the person is alive, examination takes place at the practice in Munich or, by arrangement, in the surrounding Bavarian area, for example in a care home. The assessment examines whether the person could understand the significance and consequences of their declaration, act accordingly and whether third parties influenced the decision.
What we need to review an instruction
The will or document, medical letters and nursing reports from the years preceding execution, any guardianship files, court and case reference, the question and deadline.
Professional responsibility
Doctor-medic Otilia Gudana, MSc
- Consultant in Psychosomatic Medicine and Psychotherapy (Bavarian Medical Association)
- Specialist training and practice in psychiatry, most recently acting senior consultant at the Department of Forensic Psychiatry and Psychotherapy, kbo Isar-Amper-Klinikum Taufkirchen
- MSc Communication, Behaviour & Credibility Analysis (Manchester Metropolitan University)
Full professional backgroundAssessment methodologyMedical association and contact
Last updated: October 2026
Process and fees
- 01
Enquiry
Brief details of the instructing party, questions and deadline – via the enquiry form or by phone.
- 02
Initial check
Review of jurisdiction, conflicts of interest and scope. You will then hear whether the instruction can be accepted.
- 03
Offer and fees
For private instructions, fees and timeframe are agreed in writing before the instruction is accepted. For court instructions, remuneration follows the JVEG.
- 04
File review & examination
Analysis of the documents and a clinical interview where required.
- 05
Report
Written report with transparent reasoning. On request, Doctor-medic Otilia Gudana explains the report to the instructing party.
For private instructions, fees and timeframe depend on the question, the size of the file and the examination required, and are agreed in writing before the instruction is accepted (see Expert-report terms, § 4). For court instructions, remuneration follows the applicable provisions of the JVEG.
Frequently asked questions
Can testamentary capacity be assessed after death?
Yes. The assessment is file-based and relies on records from the time the will was made. The closer the findings are to the date of execution, the stronger the basis for the conclusion.
Does a diagnosis of dementia prove lack of testamentary capacity?
A diagnosis provides indications but does not decide the question on its own. What matters is the specific capacity on the day of execution, which may have been preserved in a fluctuating course.
Can a notary arrange an assessment before notarisation?
Yes. Where there are doubts about capacity, an examination can take place before notarisation, providing findings close in time to the notarisation.
Who decides whether a will is valid?
The court. The report provides the medical basis; the probate or trial court makes the legal assessment.
Treatment appointments are arranged through the practice.
This page provides information about expert report services. It is neither legal advice nor medical treatment. The legal decision is made by the court or the competent authority.