Mental clarity is vital when drafting a will

Mental clarity is vital when drafting a will

On Behalf of | May 26, 2022 | Uncategorized

Estate planning is useful to people of all ages and backgrounds. However, there is no denying its importance to those who are elderly or vulnerable.

Sometimes, elderly people retain their independence and clarity of mind. Occasionally, they need a little help from people who are trustworthy. Why is clarity of mind so important when drafting a will?

Final wishes should be sincere

If someone is ill or in a vulnerable state, then they are not necessarily able to express their wishes clearly. When a will is drafted in such circumstances, it could be full of errors and instructions that the testator would never have left had they been able to think clearly. If the vulnerable state of a testator is temporary, then it may be a better option to draft the will when their recovery is complete. If this is not possible, then it is pivotal that they receive unbiased support from someone who has the necessary experience in dealing with such matters.

The presence of undue influence

While the majority of an elderly person’s family and caregivers will have their best interests at heart, this is not always the case. A minority of individuals often seek to take advantage of such a situation. They may isolate a vulnerable person and give them the false impression that they are helping them, and that they are the only one who cares. They may then go on to claim that they deserve a reward for their services. If a will is drafted under such circumstances, then the testator has most likely been subjected to undue influence, which makes the will invalid legally.

Elderly and vulnerable people deserve to be treated with dignity and respect. If you have concerns about your estate planning needs or those of a family member, make sure you assess the law in this area in further detail.