Dying With or Without a Will

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 minimise 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.