Providing Proof of a Healthy Mental State

Protect the validity of your Will and Estate Plan by providing proof of a healthy mental state

Engaging with Estate Planning while you are of sound mind will make sure your Estate Plan remains valid, even if you were to become incapacitated. This way, your wishes and best interests will remain protected regardless of what happens in the future.

Being of ‘sound mind’ simply means you have a clear understanding of your actions and an accurate knowledge of your family, possessions, and surroundings. A valid Estate Plan must be completed willingly and be uninfluenced by anyone else. An Estate Plan can’t be drafted under the threat of harm or duress, regardless of how justifiable the person’s intentions are.

If you have had any history of mental illness, stress or depression, it is extra important to obtain a medical statement that proves your current mental state is healthy. Even if someone claims you didn’t know what you were doing at the time of the drafting, proving you’re of sound mind will prevent Will contests from anyone who challenges your Will.

Acquiring a testimony from a lawyer, doctor and others who are familiar with your mental state is definitely worth considering sooner rather than later. Any evidence of a healthy mental state will help ensure that your Estate Plan is fairly and accurately distributed after you’ve gone.

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