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Decedents' Estates - Coggle Diagram

- - - - Testator's signature must be at end of will
      - testator must publish the will - declare to the witnesses that this document is intended to be the testator's will
      - witnesses must sign in the presence of each other
  - - - Must be 18 years old
      - understands nature of the act
      - understands the nature and extent of his property
      - beneficiaries are the natural objects of his bounty
      - understands the nature of the disposition he is making
    - - influence exerted on 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.
    - - could be fraud in the factum or fraud in the inducement
      - fraud in the factum would involve a misrepresentation as to the nature of the contents of the will
      - fraud in the inducement would be a misrepresentation as to facts that would influence the testator's motivation to make a will in the first place.
    - - attempts to disqualify anyone contesting the will from taking under it.
- - - - the property is divided into equal shares at the first generational level with living heirs. each person at that level takes a share. if that person is deceased, her share passes to her issue by right of representation.
    - - the first split is the dame, but instead of an heir's children diving only that share, all takers with deceased parents at that generational level fiche the share equally.