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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10715
Experience:  Barrister 17 years experience
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HOW LONG DOES A CERTIFICATE OF MENTAL STABILITY REMAIN VALID

Customer Question

HOW LONG DOES A CERTIFICATE OF MENTAL STABILITY REMAIN VALID BEFORE THE WILL IS SIGNED
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. There has been no definitive answer to this question in a decided case. Courts like to approach the question on a case by case basis. However, any gap of more than 48 hours after a certificate of mental stability can result in teh will being shot down. Basically, solicitor's practice means any greater period is potentially negligent.
Expert:  Buachaill replied 1 year ago.
2. Accordingly, if you are preparing a will, you should ensure that the will is signed within 48 hours of the certificate of mental stability. Otherwise the work completing the will is likely to be undone by a subsequent finding of the person not being fully in the state of mental capacity.
Expert:  Buachaill replied 1 year ago.
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