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A will is inherently vulnerable to fraud since it takes effect posthumously, leading to strict legal requirements for its execution. This presentation outlines these requirements and the process of revoking a will. All states mandate four elements for a valid will: testamentary capacity, testamentary intent, a witnessed signature, and publication to witnesses. Testamentary capacity, which is a low threshold, requires the testator to understand the act of making a will, recognize their potential heirs, have a basic grasp of their property, and comprehend the distribution of assets outlined in the will. These safeguards aim to ensure the validity of wills against fraudulent claims.
