Last wills and testaments in a large sample of suicide notes: Implications for testamentary capacity

Abstract

BackgroundThe leaving of a will prior to death by suicide is a relatively unexplored area.AimsTo determine the frequency and details of will content in suicide notes.MethodCoroner records for 1565 deaths by suicide in Toronto (2003–2009) were reviewed for (a) will content and (b) the presence of depression, psychotic illness, dementia and intoxication prior to death.ResultsIn total, 59 (20.7%) of 285 available suicide notes were found to have will content. Of those who left a will, 43 (72.9%) were reported to have a major mood or psychotic disorder, but none had dementia. Fifteen of 19 toxicology samples showed alcohol, sedative hypnotic/benzodiazepine, opioid and/or recreational drugs were present.ConclusionsA substantial minority of suicide notes may also include testamentary intent. The observed high rate of mental illness and substance use around the time of death has important clinical implications for understanding the mindset of people who die by suicide and hence also legal implications regarding testamentary capacity.