Statement of competency of will testator
This is a discussion on Statement of competency of will testator within the Wills, Trusts, Estates forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; In the last will and testament of an elderly person who currently resides in a nursing home, how important is ...
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In the last will and testament of an elderly person who currently resides in a nursing home, how important is it to include a statement of the testator's competency? If the individual (testator) is competent, and the attorney drafting the will refuses to execute the will -- and, consequently, intentionally excludes a statement affirming the testator's competency from the will since he is not personally meeting the testator, would a written testimony (affidavit) from a physician and/or psychiatrist who knows the testator over a long period of time be legally acceptable proof of the testator's competency and thereby legally enable to attorney to include a paragraph affirming the testator's competency in the will? Thank you for your anticipated response.
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To avoid a dispute later it is a very good idea to have reputable medical staff or experts confirm competency.
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