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Deathbed Will

A deathbed Will is one created and executed when the testator is facing imminent death. Despite being hastily drawn, this type of Will may be as valid and binding as a one prepared in advance, but relying on a deathbed Will to distribute your assets can be risky. A Will prepared close to death is apt to be challenged by a disappointed beneficiary. Such challenges usually contend that the testator lacked sufficient mental capacity or was subjected to undue influence. This type of challenge can lead to a costly and protracted will contest.

Wills prepared hurriedly are often prone to errors for several reasons: The quickly drawn will may not distribute the property as the testator intended; hasty preparation may overlook, and miss strategies to minimize or eliminate the federal estate tax; and the Will may be judged invalid because it does not meet a certain legal requirement, such as the signatures of two (or, in some states, three) witnesses who are not related to the testator and do not benefit under the Will.

While a deathbed Will is better than no Will at all, to avoid errors or potential challenges, you should create and execute a Will while you are still of sound mind and body. Your family will appreciate your advance planning.


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