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A will, being an instrument that takes effect after the author's death, is particularly vulnerable to fraud, prompting the law to impose strict execution requirements. This presentation outlines these prerequisites and the processes for revoking wills. Key elements for a valid will, consistent across states, include: testamentary capacity, testamentary intent, a witnessed signature, and publication to witnesses. Testamentary capacity has a low threshold, requiring the testator to understand the act of making a will, recognize their heirs, have a basic awareness of their property, and grasp the proposed asset distribution. Understanding these elements is crucial for ensuring the validity of a will.
