Sometimes people can find themselves in a situation where they are suddenly taken very ill unexpectedly and they may not have a Will in place to dispose of their assets after their death.
It is not too late to prepare a Will in this situation, provided the individual still has mental capacity.
Unfortunately, many Wills can be invalid as the Testator (the person making the Will) has not executed it properly, which may be due to failing health or the Testator does not know the legal requirements to execute a Will correctly. In a situation where death is imminent, Wills can be prepared in a hasty manner and mistakes can be made. It is therefore very important that an experienced lawyer is instructed to assist in these situations to avoid any errors taking place and to help the Testator make their intentions clear.
‘Deathbed’ Wills can potentially be challenged by disgruntled beneficiaries that maybe didn’t get what they expected, or even nothing at all. They might try to argue that the Testator lacked mental capacity or was under undue influence. This is another reason why it is important to have an experienced lawyer assist in the preparation of the Will, as they can document the situation and make it clear that the Testator was fully aware of what they were doing and there was no undue influence on them, which can be used in Court as evidenced if the Will was challenged later.