Is a death bed Will legal?

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Is a death bed Will legal?

My fiancee was in hospice house. While he was there his 2 kids wrote up a Will for him and had him sign it. He wasn’t in the right state of mind when he signed it. Could this stand up in court?

Asked on July 26, 2018 under Estate Planning, Florida

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Typically, a Will is legal if it is duly signed and witnessed. That having been said, the "testator (i.e. the person who makes the Will) must have legal capacity to sign. This means that the testator must be of sound mind. In other words, they must be capable of making reasoned decisions at the time the Will is signed. If your fiancee "was not in the right state of mind" att he tie, then the Will can be contested. However, demonstrating capacity is neither easy or inexpensive. At this point, you should consult directly with a local probate attorney who can best advise you further after reviewing all of the facts of your situation.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Typically, a Will is legal if it is duly signed and witnessed. That having been said, the "testator (i.e. the person who makes the Will) must have legal capacity to sign. This means that the testator must be of sound mind. In other words, they must be capable of making reasoned decisions at the time the Will is signed. If your fiancee "was not in the right state of mind" att he tie, then the Will can be contested. However, demonstrating capacity is neither easy or inexpensive. At this point, you should consult directly with a local probate attorney who can best advise you further after reviewing all of the facts of your situation. 


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