A deathbed will is a legal document drafted by the person who is facing imminent death. Sometimes these wills are contested in court based on the circumstances under which they were signed. Since the testator is usually in a vulnerable state while signing, the court may see it through a lens of suspicion. Below, we discuss how some relatives may challenge last-minute wills.
Lack of testamentary capacity
Most people on their deathbed are under heavy medication or sedation, which may reduce their cognitive ability. Since the law requires the testator to be in their testamentary capacity, a will signed under medication can be a cause for dispute.
Undue influence
A person on a deathbed depends on others for their bare survival. This dependence may increase the risk of undue influence and coercion. Any bad actor can intimidate them into signing a will in their favor. That is why when someone submits a brand-new will that is in contradiction with the long-term stance of the testator, the court views it with suspicion.
Improper execution of will
Because deathbed wills are often drafted in the last minutes, execution mistakes can sometimes occur. Without an experienced attorney in place, family members may make technical errors that jeopardize the document’s validity. Under New York law, a court may closely scrutinize the signing process, particularly if:
- A beneficiary signs as a witness: Doing this usually voids that specific witness’s entire inheritance unless there are at least two other disinterested witnesses who inherit nothing.
- Statutory signing rules remain ignored: Perhaps the testator didn’t sign at the very end of the document or the witnesses signed at the wrong place.
If these essential formalities are not followed, the court may choose to invalidate the entire will.
How a legal guide may help
It is common for the relatives of the deceased to heavily contest the deathbed wills. They may try to get your will invalidated by the court by providing the above-discussed reasons as grounds for dismissal. In situations like this, having an experienced legal adviser in the field of estate planning can be invaluable. With their help, you can properly defend the will in probate court and protect your rights as a beneficiary.
