The Court of Appeal has recently ruled that a Will signed by the testator on his death bed in hospital is invalid because his sister guided his signing hand.
The exact circumstances of the signing of the Will in hospital have been disputed by family members but the Court believed – having listened to evidence by handwriting experts – that the testator could not have signed his Will unaided.
The Court then considered whether the sister had signed the Will by the direction of the testator – if she had then it could have been considered valid. However there was no evidence of “positive and discernable communication” that the testator wanted the Will to be signed.
The Will was therefore declared invalid.
We advise all adults to make a Will when they are fit and well and to take professional advice to ensure that their Will is validly drawn up. Wills drawn up in hospital may possibly be open to challenge if the testator’s illness is one that could affect his or her capacity or judgment. We are however able to visit clients in hospital if they do want to make changes.
