Article on Dying With or Without a Will

Nicola Peart published Article entitled, Dying With or Without a Will, Wills, Trusts, & Estates Law eJournal (2014). Provided below is the abstract of the Article.

For most people, the preparation for eventual death involves deciding what to do with their property. Should they make a will? If so, how, and on what terms? Do they have any obligations to provide for family members or friends? What if their mental capacity is diminishing? What happens if they do not make a will? This chapter will address these questions. It begins by explaining what happens to a person’s assets if they die without leaving a valid will. The chapter then goes on to discuss the mental and formal requirements for making a valid will and what will-makers can do to minimize the risk of their will being challenged after their death. While the discussion applies to all will-makers, the comments on assessing testamentary capacity are of particular relevance to older people where capacity may be compromised or subsequently challenged.