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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 33713
Experience:  15 yrs estate law, real estate. Wills/Trusts/Probate
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If a person has a will and someone is appointed executor but

Customer Question

If a person has a will and someone is appointed executor but the will was dated when the person was on heavy medication and the will has been change during time of heavy medication to deceased does the named executor still apply
Submitted: 1 year ago.
Category: Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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This would depend on whether the testator was so heavily medicated as to be medically incompetent to execute any changes to the will. If so, then the changes can be challenged as void and a judge can throw them out.

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The person challenging the will would have to prove that the testator was medically incompetent by getting medical records and doctor testimony stating that the person was so heavily medicated that they couldn't understand what they were doing when they made the changes to their will..

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thanks

Barrister

Customer: replied 1 year ago.
I am named executor to a close friends will she had cancer in the bones and spread to the brain. On May 30 she was put in the hospital and from then on until she passed on July 21 she was on a morphine pump and was also given liquid morphine as a break through pain medication. I have a copy of her will before she was medicated but it was not signed or dated. When she was sent home on hospice care. There are 2 separate parts to this will one is dated the day she came home from the hospital and the other is dated 6 days before her death in which what she left her grandson had been marked out.
Expert:  Barrister replied 1 year ago.

Ok, if she was never declared medically incompetent, then if she properly signed and had her will witnessed, then it would still be legally binding.

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However, the marked out portion of her will would not be legally valid as any amendment has to be executed in a separate document called a "Codicil" and has to have the same formalities of the original will (signed, dated, witnessed). So the grandson would still legally receive whatever the will stated as a gift from the testator.

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thanks

Barrister

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