In: Operations Management
Assume you are an attorney and you are asked to prepare a Will by an individual you suspect maybe 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 pro's and con's to 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.
As per policy, I have answered one question.
1.
Answer: -A will is a legal document that specifies a person's wishes regarding the distribution of their property after the person’s death. It also outlines the name of the person who will be handling the property post his death.
The requirements for a valid will are:-
1) The person(testator) must be of legal age, mostly 18 years
2) While signing the will, the testator must be mentally stable and sign it voluntarily. If it is sign under some pressure, then it is considered invalid.
3) At the time the will was created it should consist of all the property and assets that are owned by the testator.
4) The will should state that the particular person to whom the property or assets are transferred is verifiable by the testator.
In this case, as the person is suffering from dementia to prepare I would initially find out if the testator is not taking this decision under some pressure from family, or relatives. If the will is invalid then I would protect it by gathering information and proving it as invalid will in the court.
1) Firstly, taking a video of the person asking specific questions related to the will to show proof in the court that the person is not mentally stable.
2) I will connect to someone close to the testator and make them the witness.
3) Get a will witnessed by a competent consultant or doctor.
Pros:- Able to prevent the situation by proving information in the court and establish the validity of the will.
Cons:- The unsatisfied family or relatives may file a case claiming that the will is valid with their political power and false information.
Hi student, if you have any doubt you can ask me in the comment section.