Preparing a Will

Preparing a will

Upon death, a will outlines the deceased’s intentions about the division of their possessions and the care of any young children who may be left in the care of the estate. If a person dies without leaving a will, it is possible that their intentions may not be followed out (Morrison, 2014). Additionally, their heirs may find themselves investing extra time, money, and emotional energy to settle their affairs after the individual has passed away.

Individuals must understand that to create a legitimate will, and they must be of legal age. It is usually 18 in most states. Exceptions include being married or serving in the US military. Also, the individual writing the will must be of sound mind at the time. How does one know they have capacity (Twomey, Jennings & Greene, 2014)? The testator knows they have written a will, understands its impact, understands the nature and extent of their estate and what they are disposing of.

Dementia does not exclude a person from making a will to choose who gets their money and belongings when they die. Instead, it relies on their ability to comprehend and decide on the will. Anyone with testamentary ability may create a will (Twomey, Jennings & Greene, 2014). However, this legal phrase implies that one must comprehend specific topics, such as what creating a will entails and how it works.

Previously, women were portrayed as incapable of the duties that come with managing property, according to K. Sneddon. Based on the above, it is clear that the law was designed as a patriarchal institution (Morrison, 2014). Therefore, discriminating against women is immoral, in my opinion, since all people have the same potential when given a level playing field.

References

Morrison, J. L. (2014). Daft, Richard L.The Leadership Experience (6th ed.). Journal of Education for Business, 89(8), 457–458. https://doi.org/10.1080/08832323.2014.921593

Twomey, D. P., Jennings, M., & Greene, S. M. (2014). Anderson’s Business Law and the Legal Environment: Comprehensive Volume. Thomson/West.

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Instructions
Week 6: Discussion Part 1

Assume you are an attorney and you are asked to prepare a Will by an individual you suspect may be suffering from some form of dementia. What is a will? What are the requirements for a valid will? Describe how you should approach the situation. Be sure to describe the pros and cons of your approach and to defend your position with citations.

In the work by K. Sneddon found in the required resources, there is a discussion about gender and the language of wills. What does the author say about the issue and why or why not is this important? Defend your position.

Make sure that you properly cite the e-text or a valid source.

Be sure to address each question in your initial posts.

Twomey, D.P., Jennings, M.M.  (2014). Anderson’s Business Law And The Legal Environment Comprehensive Volume 22nd ed.  Cengage Learning.