We all know life can be unpredictable. Estate planning isn’t exactly at the top of most people’s to-do lists, and it’s easy to put off making a will—until time starts running out. This is where deathbed wills come in—wills that are created at the very last moment, often in stressful, emotional situations. You want to avoid this situation at all costs.

At first glance, a deathbed will might seem like a way to make sure your final wishes are honored before it’s too late. But in reality, these last-minute documents often cause more problems than they solve. From legal disputes to delays in probate, a deathbed will can leave your loved ones dealing with unnecessary stress and frustration. Let’s talk about what a deathbed will is, why it’s risky, and how to make sure your estate is in order long before it becomes an urgent situation.

 

What Is a Deathbed Will Anyways?

A deathbed will is a will that is created and signed when someone is near the end of life—often in a hospital or nursing home. These wills usually come about in urgent situations, like when someone realizes they never made a will or wants to change their existing plan at the last minute.  To the rest of the world this is known as emergency estate planning.

While a deathbed will can be legally valid (as long as it meets the requirements for signatures and witnesses), it is also highly vulnerable to legal challenges. And unfortunately, when there’s confusion or doubt about a will, it’s usually the surviving family members who are left to sort it out—sometimes through long and costly court battles.

 

4 Simple Reasons Creating A Will On Your Deathbed Is A Bad Idea

 

1. They’re Easy to Challenge in Court

Deathbed wills are created under intense emotional and physical stress, which makes them prime targets for legal disputes. Family members may question:

• Did the person have the mental clarity to sign a will? If they were on strong medication or struggling with dementia, their capacity to make decisions could be called into question.
• Was the will influenced by someone else? If a caregiver, relative, or friend pressured them into making changes, the will could be challenged for undue influence.
• Did the will follow legal requirements? Here in RI, like many states, a will must be signed in the presence of two non-related witnesses, and preferably, the witnesses’ signatures are notarized. If any of these elements is missing, the will is not valid.

Because of these concerns, wills created on your deathbed are much more likely to end up in court, delaying the distribution of assets and increasing legal costs.

I have received dozens of requests to make or update estate plans for persons on a deathbed. I can count on one hand the number of times I have actually agreed to do it. I did take on a client who was in the hospital and had just received a grim diagnosis. Given only weeks to live, she was desperate to get her affairs in order. Because of the travel and rush request, she agreed to pay three times my regular rate for getting the plan done. She had a lot of assets and would have benefited from creating a living trust, but because it did not look like she would live long enough to actually fund the trust we opted for a will plan. It was complicated and took two years to probate.

 

2. Probate Can Be a Nightmare

Probate can be complicated even with a valid will prepared in advance. But when a will is made on a deathbed, things can get messy fast.

• If the new will significantly changes an earlier version, such as disinheriting someone or giving a larger share to one person, you can expect family disputes.
• If someone believes the will was made under pressure or while the person was ill or confused, they may challenge the validity in court, dragging out the probate process for months or even years.

What should be a straightforward process can turn into a painful legal battle, leaving loved ones stuck in limbo.

Years ago I was involved in a probate court for a man who died in a nursing home a few months after having an accident. While in the facility he changed his will, omitting his only living child and giving all his assets to a family friend. His adult child contested the will, claiming he was not competent when the new will was made and that he was unduly influenced by the friend. There was some medical evidence showing there was a head injury that caused confusion. The case was tied up on court for several years and cost all parties tens of thousands of dollars to litigate. By the way, I no longer take contested probate matters!

 

 3. Rushed Wills = More Mistakes

A well-thought-out estate plan takes time. When someone is rushing to get a will done in their final moments, mistakes are more likely.

• Important assets might be forgotten—real estate, bank accounts, or retirement funds may not be properly accounted for.
• Key beneficiaries may be left out—this could unintentionally disinherit a loved one.
• Legal wording might be unclear, creating confusion about how assets should be divided.

Even small errors in a will can lead to major disputes later on. For example, a will can be invalidated if there is evidence to show that it is contrary to the testator’s intent. Typographical errors such as misspelled names or missing suffixes (Jr., Sr.) can lead to confusion.

 

4. A Will Alone Isn’t Enough

A will is just one piece of a strong estate plan. When a last-minute will is made, other crucial documents are often overlooked, such as:

• Trusts – These help avoid probate and can protect assets for loved ones.
•  Powers of Attorney – These allow a trusted person to manage finances and healthcare decisions if you become incapacitated.
• Beneficiary Designations – Many assets (like life insurance and retirement accounts) aren’t covered by a will—they go directly to the named beneficiary.

Relying on a deathbed will means missing out on these essential estate planning tools.

 

How to Avoid Creating A Will On Your Deathbed

The best way to protect your loved ones and ensure your final wishes are honored is to start planning now, while you’re in good health and have time to think things through.

• Make Your Will Now – It doesn’t have to be complicated! A simple will is better than none, and you can update it as needed.
• Work with an experienced Estate Planning Attorney – They’ll make sure your documents meet state laws and hold up in court.
• Review Your Plan Regularly – Life changes—marriage, kids, new assets—so update your estate plan every few years.
• Talk to Your Loved Ones – Let your family know your plans so there are no surprises later.

 

Final Thoughts on Emergency Estate Planning

I get it—thinking about estate planning isn’t exactly fun. But waiting until the last moment to make a will can create more problems than it solves. A little planning now can save your family stress, money, and legal headaches later. If you’re ready to get started, we’re here to help. Schedule a consultation today and take the first step toward peace of mind for you and your loved ones.