A relative has been informed that they require high-risk critical surgery in the next 24-72 hours and the prognosis is not good. They have expressed that they wish to update their will but given the time of year and being late on a Friday are unable to contact their solicitor. I've asked for the hospital's advice and for social services but it may not be available in time. If they write a will now and have it witnessed by family members will it be valid or what is the best course of action in this scenario?
Emergency Will
- Thread starter tnegun
- Start date
Thanks we've started with this guide https://www.citizensinformation.ie/en/death/before-a-death/making-a-will/#529abd
Brendan Burgess
Founder
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The main concern is that it should not be witnessed by relatives -especially if they are beneficiaries.
Draw up a will and get two neighbours to actually witness him or her signing it.
The worst that can happen is that it is invalid and the last will then stands.
Draw up a will and get two neighbours to actually witness him or her signing it.
The worst that can happen is that it is invalid and the last will then stands.
As they're presumably in hospital Administration staff should be able to act as witnesses. These days they are usually available 24 hours per day.
So sorry to hear of your relatives plight.
If you are a main beneficiary of this new will and not the old one then you should not be involved in drawing up or witnessing the will.
If the new will is a variation of the old will then do you have a copy of the old will to use as a template.
If your relative is in a lot of medical distress with pain and other meds is there a risk their mind might not be as sharp as possible? Then they may not be in a position to fully sign the will.
At the least, the will should state their full name and address. That this is their last will and supersedes previous ones
Appoint an executor
Say what bank account all debts should be paid from
List out all assets and who is the beneficiary of each of them.
Try not to forget any asset, house, car, contents. Bank accounts, car, pensions etc..
Make sure to give the residue of the estate to someone.
Make sure to get someone to read it out to your relative so they can sign it and get two non relatives to sign, and date it, and be sure to capture all their contact details, & even their job title and employer.
If there is more than one page get your relative to sign and date all pages and number the pages. 1 of 2, two of two, etc.
if there are minor children then list their care needs, guardians etc separately on the will.
Try not to be clever with the legal talk unless you are just making variations of a previous will of your relative, just be as plain and clear as possible.
The hospital may not agree to letting any staff witness a will, and may actively deter relatives pushing for changes in a will.
If your relative just wants to change one think from the previous will, perhaps just make a codicil to the will, and say clearly say what is out of the last will and what replaces it.
IANAL so progress with caution.
If you are a main beneficiary of this new will and not the old one then you should not be involved in drawing up or witnessing the will.
If the new will is a variation of the old will then do you have a copy of the old will to use as a template.
If your relative is in a lot of medical distress with pain and other meds is there a risk their mind might not be as sharp as possible? Then they may not be in a position to fully sign the will.
At the least, the will should state their full name and address. That this is their last will and supersedes previous ones
Appoint an executor
Say what bank account all debts should be paid from
List out all assets and who is the beneficiary of each of them.
Try not to forget any asset, house, car, contents. Bank accounts, car, pensions etc..
Make sure to give the residue of the estate to someone.
Make sure to get someone to read it out to your relative so they can sign it and get two non relatives to sign, and date it, and be sure to capture all their contact details, & even their job title and employer.
If there is more than one page get your relative to sign and date all pages and number the pages. 1 of 2, two of two, etc.
if there are minor children then list their care needs, guardians etc separately on the will.
Try not to be clever with the legal talk unless you are just making variations of a previous will of your relative, just be as plain and clear as possible.
The hospital may not agree to letting any staff witness a will, and may actively deter relatives pushing for changes in a will.
If your relative just wants to change one think from the previous will, perhaps just make a codicil to the will, and say clearly say what is out of the last will and what replaces it.
IANAL so progress with caution.
Thanks everyone this is great information to have. They transferred to a different hospital late last night and the reg on call wants to wait until first thing on Monday am rather than today/tomorrow so a small bit of a reprieve. I'm not the beneficiary, but my partner, their child will be one, so I will act accordingly. There are family friends who have agreed to witness the will but the hospital visiting policy may complicate it too as they are limiting visitors due to flu. The main issue is the ex-spouse of 15+ years with no formal separation in place they want to make provision for their current partner and children. Ironically, they had been trying to sort this out and looking for a will made in the early 1980s recently and they started the enduring power of attorney process but things accelerated much faster than anticipated.
If, in the eyes of the law, they're still married without any judicial separation etc. then it may not be a simple case of drawing up a will that excludes the estranged spouse as they have statutory rights in this context that cannot be unilaterally abrogated.
Things have taken a turn for the worse this morning and the family have decided to let him believe that they have sorted the will as it was causing him a lot of anxiety, if the surgery is successful they can revisit then if appropriate but for the moment it's too late now. Thanks everyone for the advice and your time I really appreciate it.
Last edited:
DirectDevil
Registered User
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A few points ;
1. The will must be executed validly in accordance with the rules set out in part VII [7] of the Succession Act 1965.
Part VII runs from section 76 to section 100
LINK https://www.irishstatutebook.ie/eli/1965/act/27/section/76/enacted/en/html
2. Hopefully, OP's relative will come through this medical challenge successfully.
If so, given the lurking complications relating to intended beneficiaries, the relative will need to obtain independent legal advice from their own solicitor when they are well enough to give proper instructions.
Most solicitors will do house calls if the relative is in hospital, at home or in a nursing home.
3. It is highly preferable that any new will is executed by a solicitor.
DIY type wills - although well intended - will not be admitted to probate if invalidly executed.
4. In the sad alternative of the relative not surviving the last will is the one to be admitted to probate.
1. The will must be executed validly in accordance with the rules set out in part VII [7] of the Succession Act 1965.
Part VII runs from section 76 to section 100
LINK https://www.irishstatutebook.ie/eli/1965/act/27/section/76/enacted/en/html
2. Hopefully, OP's relative will come through this medical challenge successfully.
If so, given the lurking complications relating to intended beneficiaries, the relative will need to obtain independent legal advice from their own solicitor when they are well enough to give proper instructions.
Most solicitors will do house calls if the relative is in hospital, at home or in a nursing home.
3. It is highly preferable that any new will is executed by a solicitor.
DIY type wills - although well intended - will not be admitted to probate if invalidly executed.
4. In the sad alternative of the relative not surviving the last will is the one to be admitted to probate.