Is a Deathbed Will or Will signed in a hospital legally valid?
Yes, Texas wills are valid if signed in a hospital or even on a deathbed. However, although a will is not invalid merely because it was signed in a hospital, it is not a good idea to sign your will in a hospital or to wait until you’re on your deathbed.
Why?
First, we can’t predict when we’ll be hospitalized or under what circumstances. You may go to the hospital unconscious and be physically unable to sign a will. So, it is not wise to put off getting your will made.
Second, just because a will signed in a hospital is valid in Texas, the will may face added scrutiny when it goes to probate court after the will-signer’s death. That is, family members will be more likely to challenge the will, fearing for example:
- that the will was signed under duress
- that the will-signer was too sick to understand the will being signed
- that the will-signer was under the influence of medication
- that the will-signer was mentally incapacitated
These are all valid arguments in probate court. For a will to be valid in Texas, the will-signer must understand what he’s signing, the nature and extent of his property, his nearest family members, and so forth. So, while it doesn’t directly matter that the will was signed in a hospital, indirectly it matters a great deal.
What can you do to make sure that your Will stays out of court?
Don’t wait to have your will done until you’re in the hospital. It is more likely that someone will challenge the will in court if it is signed in a hospital. And, if the will gets challenged in court, it’s more likely that people will question whether or not you had the legally required state of mind to sign the will.
Will you, as a wills attorney, help a client sign a will in the hospital?
Maybe. I will consider whether or not the will-signer has the required mental ability to sign the will. If the will-signer has the legally required “testamentary capacity,” then I will agree to conduct the will signing in a hospital. If this is done, I will make sure to document from the witnesses that the will-signer understand the contents of the will, that the will-signer understood the effect of signing the will, and that the will-signer otherwise possessed testamentary capacity.
How Do You Get Shutt Law Firm To Create Your Will in Texas?
Use the online contact form (to the right) to send the attorney a message, and he will get back with you as soon as possible. You can also call the office (214-302-8197) or send an email (ishutt@shuttlawfirm.com).
If you prefer to meet at the office in person in Richardson, TX–great, the attorney will gladly offer a free consultation.
Visit www.ShuttLawFirm.com for more information on a Texas Last Will and Testament, when you should get a will in Texas, deathbed wills (“death bed wills”), how much wills cost in Texas, having an attorney create your will, a living will, medical power of attorney, or any other Texas estate planning question, contact Dallas, Texas Wills & Probate lawyer Isaac Shutt at ishutt@shuttlawfirm.com.
Shutt Law Firm’s office is conveniently located just north of Dallas, TX, near the intersection of highway 75 and Campbell Road in Richardson, TX.
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You can also call Mr. Shutt at (214) 302-8197 for more information on the topic discussed in this article or to discuss a different legal matter. For existing clients, quick phone-calls and brief e-mails are always free at Shutt Law Firm PLLC. Please consider the Shutt Law Firm if you need letters testamentary, how to serve as executor in Texas, how to probate in Texas, Last Will and Testament, or you need a probate attorney in Dallas, Richardson, Plano, Allen, McKinney, Garland, Addison, TX or surrounding North Texas area.
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