Re: Why are we afraid of writing a WILL
Originally Posted by
malcolm
->
Don't forget that your witnesses are there to witness (see) you sign the document
nothing more ........
Dunno for sure about the UK -but
probably the same ....
In Aus, if a serious dispute arises about the mental capacity of the testator at the time the will is made,
a court may ask witnesses if they were confident that the person was competent and fully understood what they were doing.
This is not rare and certainly medical evidence is given most weight.
But a person with dementia dies in an aged care facility, the 'house doctor' there has only known her for a year or so - but her will was made 5-6 years earlier.
When did the dementia start ? Was she OK at that time ?
Was undue influence asserted by particular relations ?
Witnesses should not merely watch the will signed.
They should also satisfy themselves, as best they can, that the person fully understands the process.