Testators' Wishes, Dead or Alive : Is There a Difference?

This article considers the formality for a testator to make a valid will, and discusses how readily a testator's wishes can be ignored after death when he is no longer capable of expressing them. It looks then at the means by which a will can be made for someone who lacks mental capacity to do so personally, and the status given to such an incapable person's wishes. It highlights the strikingly different approaches taken to a person's wishes in these two circumstances