17 Aug IF CTE CANNOT BE DIAGNOSED UNTIL AFTER DEATH, WHEN COULD MUHAMMED ALI, BOBBY HULL, JOHN NILAND OR JUNIOR SEAU NO LONGER SIGN A WILL?
It is not unusual for former professional football players, boxers, ice hockey players, etc. (such as Hull, Niland, Seau and hundreds of others) to be diagnosed with Chronic Traumatic Encephalopathy (CTE) as a result of repeated head injuries, such as concussions. A new study published in August 2026 shows that at least 25% of former NFL players who died between 2016 and 2021 had CTE. CTE is a degenerative brain disease that destroys nerve cells in the brain resulting in memory loss, confusion, depression, anger and impulsive behavior. However, it cannot be officially diagnosed until after death with a post-mortem brain autopsy.
Although Muhammed Ali was not officially diagnosed with CTE (he had Parkinson’s), he battled severe neurological decline after he stopped boxing and likely had CTE. Junior Seau and late Dallas Cowboys player Marshawn Kneeland exhibited depression and impulsive behavior as both committed suicide. Both were diagnosed with CTE after death. Whether O.J. Simpson had CTE or not is unknown since he had no brain autopsy, but some impulsive actions after his football career ended are consistent with CTE. In recognition of this prevalent problem, the NFL now permits Guardian Caps – which are a lightweight, soft-shell, padded cover over a helmet.
Similar to dementia, testamentary capacity (the mental capacity needed to sign a Will) is lost when the person no longer knows (1) what he or she may be signing (i.e., a Will); (2) who is the bounty of their affection (i.e., their family); (3) the general nature of what he or she owns (i.e., assets); or (4) what happens with his or her assets after death (beneficiary’s share of the estate or items specifically bequeathed).
If someone is diagnosed with dementia or it is thought he or she has CTE, it doesn’t mean that they necessarily lack sufficient mental capacity to sign a Will. An individual can have lucid intervals which could be sufficient if the 4 requirements in the preceding paragraph are met. It is usually when a person reaches the mid-to-late stages of dementia or CTE that capacity is lacking. In questionable capacity situations, we often refer a physician or psychologist who specializes in the brain (geriatric psychiatrist or psychologist or neurologist) to determine if there is adequate capacity to sign a will or other documents, although some attorneys prefer to make their own determination.
If there is an examination by a doctor, it is best the documents (i.e., Will or other estate planning documents) be signed at the time of the mental examination or shortly thereafter. Validity to the Will depends on the mental state at the time of signing of the Will.
It is recommended that a beneficiary not be with the testator (the one signing the Will) as this opens the door for a subsequent claim of undue influence. Sometimes attorneys have a video of the Will signing. However, this could be a double-edged sword as the video could be used to question capacity.
Of course, one must also have sufficient mental capacity to sign other legal documents (i.e., trusts, financial and medical powers of attorney, declaration of guardian in the event of later incompetence or need, etc.). Thus, it is highly recommended that those in the early stages of dementia or CTE execute estate planning documents that accomplish their goals before it is too late.
If interested in learning more about this article or other estate planning, Medicaid and public benefits planning, probate, etc., attend one of our free upcoming Estate Planning Essentials workshops by clicking here or calling 214-720-0102. We make it simple to attend and it is without obligation.