Making a Will is best done with full mental capacity, when in good health. We have all seen films where people make a Will when very old or ill, often on their death bed, but that is Hollywood not Kendal.

The idea that you leave making a Will, until you are old, with poor life expectancy isn’t very wise. There are some problems with this. Firstly, you could die unexpectedly in an accident. Secondly,
there is the problem of losing mental capacity, so you are no longer able to write a Will at all.

Sadly, there are situations when a person is made aware they may not have long to live. Typically, this will be because a doctor or other medical professional has advised them, or they might not feel very well. If they instruct a solicitor or Will writer, this can mean that the Will has to be written in a hurry. Typically the  process of taking instructions, preparing the document, sending out a draft, making final changes will take 2-4 weeks. By rushing the process, it is more likely mistakes will be made, or information forgotten. If the person making the Will is unwell, it is more difficult for them to attend an office in a town centre.

They may also be on medication to relieve pain that could affect their judgement. This could lead to questions being asked about their mental state after their death.

Finally, because of the pressure to get the Will finalised quickly, there is a real danger that the signing and attestation process is not followed correctly, as it would be normally.

These problems could mean ultimately, the Will is brought into question, and it may not be valid at all, so the person has no Will. In other cases, they might not survive long enough to conclude
everything, with the same outcome.


What to do next ?

If you would like to discuss your circumstances with regards to writing a Will, setting up a trust or a lasting power attorney, then please call 0845 689 1495 or get in touch via our secure contact form here .