Please enable JavaScript.

Coggle requires JavaScript to display documents.

Trusts & Estates (Estates (Will contests (exercise of undue influence,…

- - - - Operation of law
        
        Testator divorces after making a will
        
        Surviving spouse married testator after testator executed the will
      - Written instrument
        
        Executing subsequent will or codicil
      - Physical act
        
        Bruning, tearing, cancelling, obliterating, or destroying
      - Partial revocation
        
        Uniform probate code
      - Dependent relative recovation
        
        Testator revokes an old will with the intention that a newly executed will replaces it
      - Presumptions
      - Revival after revocation
  - - - must be in writing
        
        Additional requirements
        
        testator's signature must be at end of will
        
        testator must publish the will
        
        witness's sign in testator's presence
      - testator's signature
      - two attesting witnesses
      - testator must sign or acknowledge a previous signature in each witness's presence
      - Witness sign in testator's presence
  - - - influence exerted over a testator
      - effect of influence overpowers the testator's mind and free will
      - product of influence was a will not being executed but for the influence
  - - - can be a misrepresentation as to the nature of the contents of the will
  - - - most states hold that the clause is ineffectual if the person affected had reasonable cause to contest the will
- - - - Analyze similar to a testator's capacity to form a will
    - - Present intent to create a trust now, not in the future
      - No particular words required
    - - Must have a mental capacity to administer the trust
        
        Cannot be a minor or a mentally incompetent person
        
        Corporations are allowed to be trustees
        
        State statutes may impose additional requirements on corporations as trustees
        
        A settlor can create a trust naming herself as trustee
    - - Trust property
        
        Settlor places title to the trust property and delivers to the trustee by:
        
        An inter vivos transfer
        
        A testamentary trust
    - - Except for charitable trusts
    - - Virtually any purpose except an illegal purpose
  - - - Arise from intention of property owner
        
        Private express trusts
        
        Charitable trusts
    - - Substantial benefits to society
    - - equitable remedy in cases involving wrongful conduct and unjust enrichment
    - - arises upon the failure of an express trust, from a purchase money resulting trust or from an incomplete disposition of trust assets
  - - - These vest additional power in the trustee to decide when to distribute income of the trust
    - - Beneficiary cannot voluntarily or involuntarily transfer his interests