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A will is inherently vulnerable to fraud since it takes effect after the author's death. To safeguard against this, the law enforces strict requirements for executing a valid will. Key elements include testamentary capacity, testamentary intent, a witnessed signature, and publication to the witnesses. Testamentary capacity is relatively easy to meet; the testator must understand the act of creating a will, recognize their heirs, grasp the nature and extent of their property, and be competent to comprehend the distribution of their assets as outlined in the will. The presentation will also cover how wills can be revoked, highlighting consistent laws across states regarding these execution requirements.
