Problems of Forensic Sciences 2011 Vol. 87 (LXXXVII) 264-277
FEAR OF IMPENDING DEATH AS A SPECIAL ISSUE IN LEGAL OPINIONS
Elżbieta Skupień, Małgorzata Kowanetz
Institute of Forensic Research, Kraków, Poland
Streszczenie
The report presents problems that are faced by experts appointed to prepare an opinion in order to establish the validity of an oral will. Such problems to a great degree result from the ambiguous set of legal opinions, addressing the issue of whether fear of impending death needs to be justified by an objective existing health condition or else whether the subjective belief of a testator is sufficient. The discussion also focuses on qualifications that should be possessed by an expert assessing fear of impending death. The authors quote examples originating from their opinion-giving practice that illustrate the problem. As it follows from the analysis of the presented cases, when experts of various specialties are appointed both by the court and by participants in inheritance proceedings, a comprehensive opinion is of the highest value.
Słowa kluczowe
Oral will; Fear of impending death; Competence of experts.