If you are very ill and you want to make or change a will but there is concern that your legal capacity could be questioned, ask your doctor to prepare a medical report stating that you
- are not unduly confused by your illness or medication
- have sufficient legal capacity to make a will.
If you do not obtain medical evidence of legal capacity, it may be easier for someone to challenge the will. While evidence of legal capacity will not necessarily prevent someone challenging the will, such evidence will at least ensure that it is not challenged for want of legal capacity.
If you are paralysed or too weak to sign the will, you can
- use an identifying mark
- ask another person to sign on your behalf in your presence.
In these circumstances, the will should state that
- you were too ill to sign and/or
- the will was read to you if you were unable to read it yourself.
Next Section: Who can draw up a will?
