RISKS ASSOCIATED WITH DEATHBED WILLS probatewalawyer.wordpress.com
There may be circumstances where a person desires to make a Will on their deathbed. It is inevitable that when a Will made when a person is ill or infirm, there may be a variety of issues arising including:
Whether the Will reflects the deceased’s instructions for the drafting of the Will Whether the deceased had mental capacity at the time of signing the Will Whether the deceased signed the Will because of undue influence.
Unfair Will distribution may be challenged and this is likely eroding the value of the deceased estate during the Court proceedings. Wills Act 1970 (WA). An informal Will can be admitted to probate and there may therefore be a contest between a deathbed Will and an earlier valid Will.