A will is a legal document that dictates how you want your assets to be distributed after your death. It’s important to have a will in place so that there is no confusion about your wishes and so that your loved ones are not left with the burden of making difficult decisions during an already difficult time.
However, if you have dementia, you may be wondering if you can still sign a will. The answer to this question depends on the stage of dementia that you are in and whether or not you meet the legal requirements for signing a will. If you have any questions about drafting a will, or if you need help getting started, please contact our office. We would be more than happy to assist you.
What Can Make a Will Invalid?
There are a few things that can make a will invalid. One is if the will was not properly signed or witnessed. Another is if the person who made the will was not of sound mind when they made it.
There are a few other reasons why a will might be invalid. If the person who made the will was coerced into making it, or if they were forced to sign it, then it will not be valid. If someone unduly influenced the person who made the will, or if they were blackmailed into signing it, then again, the will not be valid. Finally, if there is evidence that the person who made the will was tricked or defrauded into signing it, the presented will and provisions it outlines would be null and void.
Can Someone With Dementia Sign A Will?
The answer to this question is not always clear-cut. It depends on the severity of dementia and on the state in which you live. In some states, a person with dementia may be able to sign a will as long as they understand the nature and extent of their assets and can clearly communicate their wishes. “Testamentary capacity” is required to make a will, and this means that the person must be of sound mind. They must understand what a will is and why they are making one.
However, in other states, a diagnosis of dementia may be enough to invalidate a will, even if the person was able to understand the nature of their assets and communicate their wishes clearly at the time that they signed the will.
Is Hiring an Estate Planning Lawyer Worth It?
Hiring an estate planning lawyer is always a good idea. An experienced lawyer can help you navigate the complex legal system and ensure that your wishes are carried out. They can also help you plan for the future and make sure that your assets are protected. If you have any questions about drafting a will, or if you need help getting started, please contact our office at (508) 571-5452. We would be more than happy to assist you.