Trusts and Estates Law Lecture 1 (of 3) (Part 2): Wills and Intestacy : Fundamental purpose of a Will

Law School

This lecture introduces the fundamental purpose of a will within the context of trusts and estates law. It explains that a will is a legally binding document outlining how a person's assets should be distributed after their death, covering aspects like property inheritance, guardianship of minors, and executor selection. The lecture contrasts this with intestacy laws, which dictate asset distribution when someone dies without a valid will, often following a predefined order of relatives. It highlights the importance of creating a will to ensure personal wishes are honored, potential conflicts are avoided, and specific needs, such as those of blended families or charitable intentions, are addressed. The lecture also touches upon the formal requirements for creating a valid will, including signatures and witnesses, and briefly discusses alternative forms like holographic and nuncupative wills. Finally, it notes the interaction between wills and other estate planning tools, such as beneficiary designations, and the role of probate in validating wills and administering estates.

The fundamental purpose of a will is to serve as a legally enforceable declaration by an individual (testator) instructing how their assets should be distributed after their death. It can address the inheritance of personal items, the naming of guardians for minor children, and funeral or burial requests, ensuring the testator's wishes are followed.

Generally, a valid will requires the testator to sign the document in the presence of witnesses, who also sign to attest that they observed the testator's voluntary execution. These formalities are crucial to prevent fraud and ensure the document reflects the testator's true intentions as their final instructions.

Testamentary capacity refers to the testator's mental ability at the time of will creation to understand they are making a will, the nature and extent of their property, and who their natural beneficiaries would be. This is vital for validity, ensuring the testator comprehends the significance of disposing of their assets after death and is not subject to undue influence.

A holographic will is written entirely in the testator's handwriting and often lacks witnesses, while a nuncupative will is an oral will, typically only valid in very limited circumstances like imminent death and requiring neutral witnesses. Courts treat them cautiously due to the increased risk of fraud or misunderstanding in the absence of formal execution procedures.

If a person dies intestate (without a valid will), state intestacy laws dictate how their estate will be distributed based on a predetermined hierarchy of relatives, starting with a surviving spouse and children, then parents, siblings, and so on. This statutory scheme aims to approximate what most people might want but may not reflect the decedent's specific desires.

For example, if a person lives with a long-term partner but is not legally married and dies without a will, the partner may receive nothing under intestacy laws, with the estate potentially going to more distant or estranged blood relatives. This highlights how intestacy can disregard close personal relationships in favor of legal or familial ties.

Creating a will is especially important for individuals with minor children because it allows them to nominate a guardian to care for their children if neither parent survives or is capable. Without this designation, courts would have to decide who is best suited, potentially leading to disputes or placement with someone the decedent would not have chosen.

Assets that pass through a will are typically those solely owned by the decedent without a beneficiary designation (probate assets). Assets that pass outside the will include life insurance proceeds, retirement accounts with named beneficiaries, and jointly held property with right of survivorship, which transfer directly to the designated individuals upon death.