Please enable JavaScript.

Coggle requires JavaScript to display documents.

Estates - Coggle Diagram

- - - - Must understand the extent and nature of their property, 2. natural objects of their bounty, 3. and the testamentary effect of executing a will.
        
        Challenger's burden to show either of these 3 do not exist.
    - - UPC requires two
      - At common law, both witnesses have to be disinterested.
      - Witness must either see the testator sign the will or be aware of it.
- - - - Has legal titile to the rest.
      - Has a fiduciary duty to act in the best interests of the beneficiary.
      - Trustee cannot be the sole beneficiary.
    - - Has equitable title to the res
      - Unborn beneficiaries are ok.
      - Can make a class a beneficiary.
        
        Has to be really specific
    - - Objective manifestation, mere desire is not enough.
      - Watch out for mental capacity and undue influence
      - The res must be sufficiently identified.
      - Settlor must hold a present or vested future interest in the trust.