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Decedent's Estates - Coggle Diagram

- - - - Mental Capacity
        
        Testator must be 18 years old or older.
        
        Testator understands the nature of Act.
        
        Testator understands the nature and extent of his property
        
        Beneficiaries are the natural objects of his bounty
        
        Testator understands the nature of the disposition he is making.
      - Undue Influence
        
        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.
      - Fraud
        
        Fraud in the Factum.
        
        Misrepresentation as to the nature of the contents of the will.
        
        Fraud in the inducement.
        
        Misrepresentation as to facts that would influence the testator's motivation to make a will in the first place.
    - - Types of Revocation
        
        Methods.
        
        Operation of law
        
        Testator Divorces after making a will.
        
        Surviving spouse married testator after testator executed the will
        
        Written Instrument.
        
        Physical Act.
        
        Dependent relative revocation.
        
        Where a Court may disregard a revocation.
        
        Presumptions
        
        Presumptions arise when the is found after the testator's death, but is mutilated.
        
        Revival after revocation
      - Partial Revocation is allowed under the Uniform Probate Code.
- - - - Gift of a specific article or other property, which is identified and distinguished from all other things of the same kind and is satisfied only by delivery of the particular thing.
    - - Payabble out of the general assets of the decedent's estate and not in any separated or distinguished fund from other things of the same kind.
    - - Bequest of a certain sum to be paid out of a particular fund.