When a person lacks the mental capacity to sign a Will, they are said to lack testamentary capacity. When a person lacks testamentary capacity, they are no longer capable of executing a new Will. There are no options. A person's right to make a Will cannot be abridged, so anyone can write a Will at any time. But, if a Will is executed at a time when the testator (person signing the Will) lacks testamentary capacity, the Will is invalid and should not be probated. If shown to be invalid, it cannot be probated.
Wills do not have to be prepared by an attorney, but should be prepared by an attorney.
Wills do not have to be notarized, but simply signed in the presence of two witnesses.
I hope this answers your questions.
Sincerely,
Kevin Spencer
(214) 965-9999
www.spencerlawpc.com
Answered on Jul 24th, 2016 at 7:16 PM