DEATHBED WILLS: Why are they problematic? For a few reasons:
#1 – You don’t have a clear frame of mind to plan your estate. If you’re not thinking clearly, chances are, your plan won’t work.
#2 – You may have a few children, but only one is by your bedside, essentially writing the will for you and telling you to sign it. This is improper, and depending on several factors, could be subject to challenge. Your will is YOUR will, and you must be the one that considers what’s part of the will.
#3 – A death bed will is usually handwritten. Although that’s technically allowed in Pennsylvania, it could present a number of problems. First, it is likely going to be missing key elements of a normal will. Second, it probably won’t be signed properly (i.e., witnessed, notarized, self-proving).
Avoid all of this trouble by getting your estate plan done while you’re healthy, have a clear frame of mind, and no person unduly influencing you!