Demonstrate Competence to Change Wills

When someone you love is sick and wants to change their will, this is a very important piece of advice: get their doctor to write a note to their attorney attesting to the fact that the individual is totally capable of making changes as of the current date since they have all their faculties intact. All too often wills are challenged that are changed while someone is ill. This process allows a person’s true wishes to be met without the “was he capable?” discussion ever coming to the forefront.

One other simple thing to remember: if your loved one is changing his or her will and you or other family members are beneficiaries, you should not be in the room when this will is signed. Make sure there is no cause for a claim of “undue influence” by which others could claim the changes were made because you pushed for them. Make sure the signing of a new will is handled without beneficiaries anywhere near the process.