EMERGENCY WILL: For Life-Ending / Deathbed Situations
To schedule an appointment, contact our law firm at 403-400-4092 or Chris@NeufeldLegal.com
Emergency wills (deathbed wills) tend to arise when an individual faces a sudden, life-threatening medical crisis or a rapid decline in health and either have no formal estate plan or their will is out-of-date (i.e., without living or capable executors, an absence of living beneficiaries, prospective beneficiaries not previously considered, financial changes necessitating tax planning). In most instances, the primary impetus to attain an emergency will is the urgent desire to prevent intestacy, which occurs when a person dies without a valid will and their assets are distributed according to a rigid statutory process, which requires far more extensive court involvement, lawyer fees and time delays. In many cases, the testator may have realized that their current family dynamics or financial obligations are not reflected in statutory default legal distributions, such as wanting to provide for an indispensable friend (who does not qualify as an adult interdependent partner) or a specific charity. Furthermore, the arrival of an emergency will often coincides with the late-stage realization that certain family members might be excluded (such as an indispensable niece, whom the statute would exclude in favour of an estranged son) or that specific assets require immediate succession planning. These documents are frequently triggered by a terminal diagnosis, a scheduled high-risk surgery, or an unexpected accident that leaves little time for traditional legal consultation. Ultimately, they serve as a desperate, final attempt to exert testamentary freedom under the pressure of an impending expiration.
The specific challenges associated with completing a deathbed will are primarily logistical and physiological, often occurring in restrictive environments like Intensive Care Units or hospices. Our legal team has developed, in conformity with modernized Law Society procedural directives, the means to operate through these logistical challenges, including providing two disinterested witnesses who are not beneficiaries (and ensuring they are present simultaneously to watch the testator sign, in accordance with Law Society and statutory requirments), which can seem exceptionally difficult in a sterile hospital setting during odd hours. Furthermore, we oftentimes face the challenge of the testator’s physical condition being so compromised that they lack the motor skills to sign their name clearly, necessitating a "mark" or a signature by proxy which carries its own set of strict legal formalities. Communication barriers also frequently arise, as the testator may be intubated, heavily medicated, or suffering from extreme fatigue, making it hard to clearly articulate complex distributive intents (which has often resulted in our own inability to proceed, such that it is critical that we are contacted as early as possible, given how quickly a hospitalized person's condition can deteoriate). And even where we make every effort to address the testator's situation, since we tend to not have access to financial records and other documentation that is typical in non-urgent estate planning, in addition to the natural impacts of being hospitalized, the rush to finalize the testator's will while we are in the hospital can result in technical errors that can jeopardize the will's overall validity, as well as human oversights that most likely would have been avoided during non-urgent estate planning.
It is important to recognize that emergency wills / deathbed wills are among the most frequently litigated documents in estate law because the circumstances of their creation naturally invite scrutiny regarding testamentary capacity. Opposing parties often argue that the testator was suffering from delusions or lacked the disposing mind and memory required to understand the nature and effect of the document they were signing. In addition to capacity claims, these wills are highly susceptible to allegations of undue influence, where it is suggested that a predatory beneficiary took advantage of the testator’s weakened state. The courts look closely at whether the will represents a radical departure from previous intentions, which often serves as a red flag for coercion or lack of understanding. Because the document is produced in a moment of extreme vulnerability, the legal presumption of validity is much easier to rebut than it would be for a will drafted years in advance (which still remains my professional preference, even though I realize how frequently my own preferences don't match what happens in the real world).
So if you or a loved one has been admitted to Calgary’s Foothills Medical Centre, Peter Lougheed Centre, Rockyview General Hospital, South Health Campus, Tom Baker Cancer Centre, Cochrane Community Health Centre, Airdrie Community Health Centre or other medical facility, hospice or seniors home in metropolitan Calgary, Alberta, you need to ensure that your own (or your loved one’s) last will & testament, power of attorney and personal directive is up-to-date and reflects your current intentions. If you or a loved one requires a hospital visiting lawyer to attend to a last will & testament, power of attorney, personal directive, trust or other estate planning document, contact our law firm today at 403-400-4092 or via email at Chris@NeufeldLegal.com to schedule a confidential initial consultation.*
* Please note that travel time and attending at the hospital / hospice / seniors home will incur additional cost and expense as compared to comparable legal work on wills, trusts, personal directives and powers of attorney. Click here for more information about hospital appointments.
You also need to be aware that your personal belief that your loved one is capable of communicating their testamentary intent such that you believe they might be capable of completing a will, it might not satisfy our own professional determination and you will be charged for our hospital visit. Also, even though we stress the importance of addressing these matters as soon as possible, our own busy schedule oftentimes means we cannot attend to these matters until the end of the business day, or have other previously scheduled commitments, such that we cannot make any assurances, although we do endeavor to accomodate. Furthermore, due to the complexity of these situations, this legal work can prove significantly more expensive than the traditional approach to wills and estate planning, while carrying a heightened potential for disputes and court challenges, which must be anticipated when waiting until the last minute and recognizing the perception of the particular situation.
IMPORTANT NOTE: This website is designed for general informational purposes. The site is not designed to answer specific questions about your individual situation or entitlement. Do not rely upon the information provided on this website as legal advice in respect of your individual situation nor use it as substitute for individual legal advice. If you want specific legal advice, you need to engage a lawyer under established legal engagement procedures that have been specifically agreed to by that lawyer.
Contact Info - Mobile Services - Hospital Visits - Legal Notices - Privacy - Terms of Use - Main Will Webpage