Legal Question in Wills and Trusts in Ohio
Will Done By Self In Emergency Situation
If a person facing major surgery that he may not survive has a will typed up by a long-time friend and he signs it before a notary public with witnesses will it be binding given the circumstances, i.e., he was under considerable duress due to having been told that he may not survive the surgery. He is of sound mind and body but under a lot of pressure. Is there any way of handling this in the limited time available, less than 48 hours and this is a weekend, that would increase the chances of his will not being successfully challenged? Thank you.
1 Answer from Attorneys
Re: Will Done By Self In Emergency Situation
It must be signed by him at the bottom in the presence of at least 2 adult witnesses, and verbally declared by him to be his last will and testament. A notary public is not needed, and might even invalidate the document.