Will Sleeth has published his article, “Doctors Notes For Will Signings, Should You Get One?” The abstract is as follows:
I recommend that before an ill or very elderly person signs a will (or trust), that the estate planning attorney obtain a note from a doctor as to the person’s mental capacity. Doing so will help create a record that will make it more challenging to contest the will (or trust) on the basis that the person lacked testamentary capacity (i.e., the requisite mental capacity in order to execute a will or trust).
I’ve litigated over 100 estate disputes, and more often than not, the doctors notes that I see are poorly drafted and do not help much. My goal in this blog post is to explain how to obtain a well-written doctor’s note that will help a will or trust withstand a challenge on the basis of lack of testamentary capacity.
Posted by Lewis J. Saret, Co-General Editor, Wealth Strategies Journal.