By Dr Gbonjubola Abiri

Years ago, I asked an uncle of mine a question I considered simple:
‘Uncle, have you made a will?’.

I was shocked by his reaction. He screamed, was visibly upset and demanded to know if I wanted him dead.

That moment stayed with me, not because of his outburst alone, but because It revealed to me how many of us emotionally and psychologically relate to conversations about death and legacy. In my work as a psychiatrist, I have come to realise that conversations about writing wills are rarely just legal matters, they are deeply intertwined with mental health.

A will is a legal document that describes how an individual wishes that their property and responsibilities be handled after their death. In many cultures, including ours, talking about it is often seen as a taboo. There is a lot of emotional resistance that comes with it, leading to avoidance of family dialogue and an inability to plan rationally.

Testamentary capacity describes an individual’s ability to make a valid will. Psychiatrists usually assess for testamentary capacity by ensuring the individual making the will understands four key things:

• That they are making a will
• The nature and extent of their property
• Who the beneficiaries of the will are
• And the consequences of how their assets are distributed.

Where and how does mental health play a role in this decision you may ask? Mental health plays a pivotal role here as conditions such as dementia, severe depression, psychosis, substance use disorders and untreated neurological illnesses can impair memory, judgement or reasoning. While a person may appear to be doing well in their day-to-day lives, they may lack clarity to make informed and independent decisions about their estate.

Very often as humans, we come across stories of families where violence and uncertainty happen due to the disputing of a will or the inability to understand the outcome. Some family members question whether their relative ‘knew what they were doing’. From a mental health perspective, it is important to encourage individuals, not just older adults, to discuss their wills with their lawyers especially when they are cognitively and emotionally well. These conversations are necessary as they are an act of care, not cruelty. Writing a will preserves autonomy, reduces anxiety and protects families from prolonged grief which may result from heartache, conflict and confusion.

Mental health is not only about treating illness; it is also about fostering clarity, dignity, and peace of mind. Testamentary capacity sits at this intersection of law, psychology, family, and culture. People must understand that talking about a will does not mean you want someone dead.
It means you want their voice heard clearly, respectfully and while they still can speak for themselves.
And that, ultimately, is a matter of mental well-being for everyone involved.

Remember, there is no health without mental health.