EL TESTADOR ANCIANO Y LOS PROBLEMAS DE LA TESTAMENTIFICACIÓN ACTIVA.

Abstract

Nowadays old age certainly posses a wide range of problems with regard to the testamentary capacity of the elderly. This paper addresses some of the more interesting problems and questions in determining whether a person of advanced years does or does not have the capacity to make his or her own will, for the disposal of his or her property after death. Although careful case-by-case analysis has got to be conducted, since this is a problem closely related with medicine in general and psychiatry in particular, the initial idea ought to be that every person, even if of advanced or very advanced years, has the capacity to make a valid will. This assertion is the pole star that must guide legal professionals when we deal with such questions. Even so there are many nuances and of course exceptions to this elementary legal principle.