In a recent episode of Downton Abbey the family struggled with the “latest crises”—the proper inheritance of the estate.  Matthew Crawley died without a will, which left his estate in the hands of his infant son, George, and father-in-law, the inept Robert.  Remember, last season he not only squandered his inheritance, he also lost his wife’s inheritance!!  Anyway, without a will, none of Matthew’s assets goes to his wife, Mary.  How can this happen?  How can Robert be allowed to threaten what little remains of Downton Abbey??

Later in the episode, Robert discovers a letter written by Matthew, giving all his share of the estate to his wife, Mary.  Is this proper?  Will the will stand-up in court?  Why did he need a will anyway?

Most of our laws in the U.S. regarding property ownership and inheritance of those come from ancient English law.  I’m certainly not an expert on the state of English law in 1922, but it’s interesting to think about what would happen if Downton Abbey were located in Minnesota in 2014, for instance.

If a person dies without a will, it’s called “dying intestate.”  (Old English term)  Just like the laws that dictated the inheritance of Downton Abbey in 1922, in most states in the U.S. there is a statutory rule that we can follow.

If Matthew died without a will in Minnesota, Mary would get everything.  If she were dead, their child would get it all.  If he’s gone, Matthew’s siblings (if any) get it and, if none, his mother would get his share of Downton Abbey.  Imagine Robert and Ms. Crawley running the estate . . .

A person makes a will to avoid the above-listed outcomes and create as “road map” that shows exactly where the person wants their assets to go.

What makes a valid will?

In the U.S. the courts have been liberal in interpreting this question.  A will doesn’t need to be drafted by a lawyer but must state clearly the intentions of the deceased and how he wants his assets divided and to which people.  It must be signed by the maker and witnesses by two people.  The letter signed by Matthew would clearly be accepted as a will.

Why does a will need to be witnessed?

In the U.S. a valid will requires two witnesses to sign after the maker of the will.  This is primarily to assure that, if challenged, the person making the will was of “sound mind.” and was doing it freely and understood what he was doing.

Should everyone have a will?

Yes.  Even small estates can cause fighting among the surviving family.  A will makes it simple: everyone can say, “this is what the deceased wanted.”  End of any arguments.