One of the experts called to give evidence at the trial of a Notary Public over a will was the Head of the Neurología del Hospital Aguas Vivas de Tavernes in Valldigna.

One of the experts called to give evidence at the trial of a Notary Public over a will was the Head of the Neurología del Hospital Aguas Vivas de Tavernes in Valldigna.

“The cognitive capacity of María Teresa was practically zero. She was in a state of minimum response, coma and vegetative. The most that she could do was open her eyes a little. She did not have the capacity to sign a will or even solve a mathematical problem that a 6-year-old could,” he confirmed at the trial being held in Valencia.

Standing accused was Notary Public María José F. V., who had been accused of  wrongly “giving public attestation to a will belonging to woman in her 80s with an estate of 12-million euros.” 

“The defendant, with an absolute lack of diligence in the exercise of her duties, seriously breached her professional obligation to ascertain María Teresa’s capacity to make a will. She did not take the minimum precautions, consisting of consulting with medical professionals and implementing appropriate verification mechanisms,” read the verdict.

The tribunal found her guilty, although she can appeal before a higher court.

This case does give course to examining how members of this profession can establish the capacity of a person to sign a will or not, as the defendant claims that during the whole process she was able to determine the woman’s ability to understand what she was signing.

Amazingly, the court sentenced her to just five months’ suspension and a fine of 2,200 euros. The inheritors also have to give back the 12-million euros received, amongst which was the Fundación Gozalbo-Marqués in Madrid, (for which the victim had been its Chairwoman) and the woman’s nieces.

The tribunal’s magistrates also did not believe the Notary’s explanation that the old woman, when she was still in good health, had come to her office to draft the will that she later signed in the hospital. They said that, with the woman’s death, only the testimony of the public officials (the doctor in this case) can be accepted as evidence.

The woman had died in hospital in 2013; i.e., the same hospital mentioned above, which had taken the affair to court.

Finally, the ruling makes the Notary, her insurance company, the foundation and the other beneficiaries of her will responsible for returning the bequeathed assets.

(News: Valldigna, Valencia)

Keywords: Will, Elderly Woman, Cognitive Capacity, Notary, Trial, Guilty, Inheretence

news, valencia, valldigna, Will, Elderly Woman, Cognitive Capacity, Notary, Trial, Guilty, Inheretence