Deathbed Wills – A last minute Will is often as good as any other

“Deathbed Wills” are Wills that are created and executed when the Testator is already facing imminent death.

Such Wills may sometimes be drafted in a rushed and hasty manner, especially where the Testator’s health is in very poor condition.  However, if they meet all the requirements for a valid Will, they can still be considered legally enforceable.

To be valid, a Will must either be:

  1. Entirely handwritten and signed by the person making it; or
  2. Signed and dated by the Will-maker in the presence of witnesses, who know that the document is the person’s Will and also sign it.

 

Wills that are created in a rushed manner can often contain many different errors and oversights.  For example, the Testator may fail to mention key persons who play important roles in the distribution of the estate property.  Thus, when creating a “deathbed Will” it is advisable that a non-interested, experienced lawyer be present to help mediate the person’s intentions regarding the distribution of their property.

If you or a loved one need to draft, edit, review or remake a Will document, it is in your best interest to work closely with one of our experienced lawyers.  Our lawyers can help review the Will for accuracy, and can also explain how the laws in your area might affect your Will.  In the event of a Will challenge, our lawyers can represent you in a Court in order to clarify distributions of the property.

For more information please contact our experienced Wills and Estate Planning team:  4944 3322.