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Decedents estate - Coggle Diagram

- - - - trust modification depends on if settlor or beneficiaries are modifying trust (see page 288 for detail)
        
        Trust provision topics that come up on bar: spendthrift (beneficiary cannot voluntary or involuntary transfer trust interests) and discretionary provisions (provision vests additional powers with trustee to decide when to distribute income of the trust)
- - - - Contesting a will: defective execution, testator's lack of capacity, or a revocation
        
        Mental capacity requires: T be 18 yo, T understands nature of the act, T understands the nature and extent of his property, beneficiaries are the natural object of T's bounty, T understands the nature of the disposition he is making
        
        Will contest: based on undue influence requires: influence exerted over T, effect of influence overpowers the T's mind and free will, and product of influence was a will not being executed but for the influence
        
        No contest clauses