Death Bed Wills

A will that a testator drafts and executes when he or she is facing imminent death is commonly referred to as a deathbed will.  Although a deathbed will may come about under pressure-filled, fast-moving circumstances, it nonetheless may be a valid and binding legal document in some states. 

Legal Issues with Death Bed Wills

However, relying on a deathbed will as an estate planning tool for distributing your assets is probably not wise.  If one of your potential heirs or a family member is unhappy with the contents of your deathbed will, he or she is likely to challenge the will, on the grounds that you were incapacitated, unduly pressured, or otherwise incompetent to draft a valid will so close to your death.  If a will challenge ensues, your estate and the intended beneficiaries of your estate, will necessarily fall victim to a lengthy and costly will contest.  Furthermore, a hastily drawn will may be more likely to contain significant errors.  If your deathbed will fails to dispose of all of your assets, or the will language is ambiguous in any way, you risk the possibility that your assets will not be distributed in the manner you intended following your death.  You also risk overlooking various methods or plans to avoid paying excessive amount of federal estate taxes. 

Finally, your deathbed will may be invalid if it does not meet some necessary legal requirement of your particular state’s law.  For instance, if state law requires that your will be witnessed by two disinterested witnesses, and your deathbed will was witnessed only by a single disinterested witness, then your deathbed may not be a legal and binding document under state law.

Do You Need a Lawyer?

In order to avoid the unintended consequences of a deathbed will, it is definitely worth the time and money to hire an attorney to handle all of your estate-planning needs.  By executing all legal and necessary estate planning documents that are designed to dispose of all of your assets following your death in the manner that you choose, you can render a deathbed will completely unnecessary.