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Are ‘death-bed wills’ valid?
That depends on what you mean by a “death-bed” Will. A Will that is spoken orally, and not written down will not be a valid Will in most states. A holographic, or handwritten Will, is also not valid in most states. A typed or printed Will that contains all the language your state requires and is signed in front of the number of witnesses your state law requires will be as valid as any other Will.
A "death-bed" Will will most likely be hastily drawn, however, and this may lead to errors and mistakes. Also, the closer to the death the Will is prepared and signed, the more likely it will be that someone will claim the decedent (the person who has died) was no longer competent at the time the Will was made or that someone was exercising undue influence or coercion over the decedent. This could lead to a Will Contest or legal challenge to the Will’s validity, if someone (such as a child who has been disinherited) wants the Will thrown out. Will Contests can be prolonged and costly and might eat up the assets of the estate.
Errors in a last minute Will create the possibility that the Will may not distribute the property in the manner that the person really wanted, might fail to take advantage of some features that can dramatically reduce the Federal Estate Tax, or that could have avoided the costs of probate under state law. There is also the possibility that the Will would be found to be invalid because it does not conform to some legal requirement.
"Haste makes waste" could cause your family heartache and major expense. While a hastily drawn Will might be better than no Will, that is little comfort when the decedent doesn’t want the property to be distributed under his or her state’s law on ‘Intestate Succession’ (the way property is distributed when there is no Will), but it is always much better to take the time to make a Will earlier and to get legal advice or helpful resources to help you do everything right and achieve the result you really want. |
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