Do I Need to Settle Property Dispute Before Putting Property in a Will?
Full Question:
Answer:
A will must be prepared and properly executed (signed and witnessed by a certain number of competent witnesses) while a person still has legal or testamentary capacity. A person must execute a will while he or she has full control over his or her mental functions. If a person waits until he or she suffers an accident or an illness, it could be too late. Testamentary capacity means the maker understands the nature of making a will, has a general idea of what he/she possesses, and knows who are the members of the immediate family or other "natural objects of his/her bounty". Testamentary capacity requires freedom from delusion which is the effect of disease or weakness and which might influence the disposition of his property. Also, it requires ability at the time of execution of the alleged will to comprehend the nature of the act of making a will.
A person must know generally the property owned by him to validly bequeath it in a will. The answer will depend on whether there is a dispute regarding the percentage of ownership, as opposed to the value of the portion owned. For example, if two co-owners each own an undisputed half of property, they may each will their half of the property, even if it's value is in dispute.