06.07.2016 Views

Deathbed Will and Risk Associated with it

Want to learn about deathbed wills and the risks associated? Check out this PDF presentation to know about deathbed wills.

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RISKS ASSOCIATED WITH<br />

DEATHBED WILLS<br />

probatewalawyer.wordpress.com<br />

There may be circumstances where a person desires<br />

to make a <strong>Will</strong> on their deathbed. It is inev<strong>it</strong>able<br />

that when a <strong>Will</strong> made when a person is ill or infirm,<br />

there may be a variety of issues arising including:<br />

Whether the <strong>Will</strong> reflects the deceased’s instructions for<br />

the drafting of the <strong>Will</strong><br />

Whether the deceased had mental capac<strong>it</strong>y at the time<br />

of signing the <strong>Will</strong><br />

Whether the deceased signed the <strong>Will</strong> because of undue<br />

influence.<br />

Unfair <strong>Will</strong> distribution may be challenged <strong>and</strong> this<br />

is likely eroding the value of the deceased estate<br />

during the Court proceedings.<br />

<strong>Will</strong>s Act 1970 (WA). An informal <strong>Will</strong> can be<br />

adm<strong>it</strong>ted to probate <strong>and</strong> there may therefore be a<br />

contest between a deathbed <strong>Will</strong> <strong>and</strong> an earlier<br />

valid <strong>Will</strong>.

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