Wills

Estate planning is the process by which an individual decides what to do with his or her real and personal property during and after life. With estate planning, the planners think carefully about how they want their property to be distributed. Some people, however, die without expressing their wishes. In those cases, state intestacy statutes apply.

In this activity, you will be examining a scenario where a person decides to write a will that excludes his immediate family. Before beginning, make sure you have read LO 52-2. Pay special attention to the different requirements for a valid will (testamentary capacity, writing, signature, and attestation) and how a person can fulfill these requirements when drafting a will.

Recall that there are four requirements for a legally valid will. The following questions will test your knowledge regarding some of those requirements. Read the case and answer the questions.

Jed Johnson, a multi-millionaire pop music tycoon [not a real person] was married with two children when he met and began dating an attractive, slim, super model. He met her at the polo club he helped found. After dating the woman for four years and making her his mistress, he decides that in the event of his death, he wants her to be the sole beneficiary of his estate. When he writes his will, he is of sound mind and not misled by fraud or coercion. He writes an addendum to the will explaining that although he knows by tradition his wife and children should receive the money from his estate, he does not value them. He goes on to explain how he is convinced that they've been disloyal to him for the past five years. Instead, he wants the money to go to someone he truly loves, his mistress. He, therefore, draws up the will, leaving his mistress everything. He signs the will and initials each page. His mistress is present during the writing process, and signs the will as Jed's only witness. Then, Jed keeps the will a secret from his wife and children.

QUESTIONS

1. What is testamentary capacity? Does the testator in this case have the capacity to draft a will?

2. Another requirement for a valid will is a signature of the testator. Does Jed's will have this signature?

3. What is attestation? Was Jed's will properly attested to?