A will prepared while a parent has been diagnosed with dementia — is it legally valid? A will is valid only if, at the time of making the will, the testator has mental capacity (testamentary capacity). A diagnosis of dementia alone does not automatically invalidate a will, but the testator's cognitive state at the time the will was made becomes the key issue.

In this article, we summarize, based on actual consultation cases, the standards for determining testamentary capacity, the procedure for a lawsuit to confirm the invalidity of a will and the necessary evidence (medical records, long-term care grade, video materials, etc.), strategies for pursuing a claim for invalidity of a will and a reserved portion claim simultaneously, and how to respond in criminal and civil proceedings when forgery of a will is suspected.

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