DOCSLIB.ORG

Study 1: Will Requirements of Various States

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Study 1: Will Requirements of Various States The American College of Study 1: Trust and Estate Will Requirements Counsel of Various States 3415 South Sepulveda Blvd. Suite 330 Los Angeles, CA 90034 ◆ STUDIES ◆ The summary of each state’s law Compiled by reflected in this study has been based on opinion received from a reporter for that state. With George Gordon Coughlin, Jr. rare exceptions, reporters are Fellows of the College from that Binghamton, New York state. Following the reporter’s name is the date as of which that state’s material was most recent- ly reviewed. Neither the College nor the individual reporters and editors (who have volunteered their time and experience in the preparation of the studies) assume any responsibility for the accuracy of the information con- tained in any study. December 1996 ©1996 The American College of Trust and Estate Counsel 1-1 RIGHTS OF CHILDREN BORN AFTER EXECUTION OF WILL James L. Permutt Birmingham, Alabama ALABAMA March 6, 1995 After-born or after-adopted children take the same share of the decedent’s estate as they would have taken in case of intestacy, unless (a) it appears from the will that the omission was intention- AGE OF TESTATOR al, (b) the testator had one or more children when the will was exe- cuted and devised substantially all his or her estate to the other Real Estate Personal Property parent of the omitted child, or (c) the testator provided for the child 18 18 by transfer outside the will and the intent that the transfer is in lieu of a testamentary provision is reasonably proven. If, at the time of (Code of Alabama 1975, Section 43-8-130). the execution of the will, the Testator fails to provide in his or her will for a living child solely because Testator believes the child to HOLOGRAPHIC (HANDWRITTEN, UNWITNESSED) be dead, such child takes the same share of decedent’s estate which an after-born or after-adopted child takes as hereinabove Not valid, unless its execution complies with the law of the place where the will was executed or testator was domiciled or has a set forth. (Code of Alabama 1975, Section 43-8-91). place of abode or is a national at time of execution or at a time of death (if other than Alabama). (Code of Alabama 1975, EFFECT OF TESTAMENTARY GIFT TO ATTESTING Sections 43-8-131 and 43-8-135). WITNESSES NUNCUPATIVE (ORAL) A will or any provision thereof is not invalid because the will is signed by an interested witness. (Code of Alabama 1975, Not valid. (Code of Alabama 1975, Section 43-8-131). Section 43-8-134). NUMBER AND AGES OF WITNESSES LIMITATION, IF ANY, ON CHARITABLE BEQUEST Two witnesses required. (Code of Alabama 1975, Section 43-8- None. 131). EFFECT OF LAPSED LEGACY No specific age, but witness must be competent to testify in court as to the facts of the execution. (Code of Alabama 1975, If a devisee who is a grandparent or a lineal descendant of a Section 43-8-134(a)) grandparent of the testator is dead at the time of execution of the will, fails to survive the testator, or is treated as if he or she pre- Age of majority in Alabama is 19 years. (Code of Alabama 1975, deceased the testator, the issue of the deceased devisee who Section 26-1-1). survive the testator by five days will take in place of the deceased devisee. One who would have been devisee under a class gift if REVOCATION AND REVOCATION BY MARRIAGE/DIVORCE he or she had survived the testator is treated as a devisee whether his or her death occurred before or after the execution of A will is revoked by a subsequent will (expressly or by inconsisten- the will. (Code of Alabama 1975, Section 43-8-224). cy) or by being burned, torn, canceled, obliterated or destroyed with the intent and the purpose of revoking it by the testator or by VALIDITY OF WILL EXECUTED OUTSIDE STATE another person in the testator’s presence by his consent and direc- tion. (Code of Alabama 1975, Section 43-8-136). A written will is valid if executed in compliance with Alabama law or if its execution complies with the law, at the time of execution, Divorce or annulment of marriage revokes provisions for former of the place where the will is executed, or with the law of the spouse unless the will expressly provides otherwise. place where, at the time of execution or the time of death, the Subsequent remarriage to the former spouse revives provisions testator is domiciled, has a place of abode, or is a national. revoked solely by this section. (Code of Alabama 1975, Section (Code of Alabama 1975, Section 43-8-135). 43-8-137). INCORPORATION BY REFERENCE ELECTION BY SURVIVING SPOUSE TO TAKE INTESTATE SHARE IN PREFERENCE TO TESTAMENTARY PROVISION* Any writing in existence when a will is executed may be incor- porated by reference if the language of the will manifests this If the decedent was domiciled in Alabama at the time of his or her intent and describes the writing sufficiently to permit its identifi- death, his or her surviving spouse may take an elective share cation. (Code of Alabama 1975, Section 43-8-139). equal to the lesser of (a) all of the decedent’s estate reduced by the value of the surviving spouse’s separate estate, or (b) one- VALIDITY OF LIVING WILL AND/OR HEALTH CARE PROXY third of the estate of the decedent. The surviving spouse retains rights to homestead allowance, exempt property and family Currently, Alabama law allows a competent adult to execute a liv- allowance, whether or not he or she takes an elective share. ing will (known as a “declaration”). The declaration may direct that Election must be made in writing and within six months of the pro- life-sustaining procedures be withheld or withdrawn for a patient bate of the will. (Code of Alabama 1975, Sections 43-8-70 et seq). with a terminal condition. “Life-sustaining” is defined as any med- ical procedure or intervention which serves only to prolong the dying process and where the attending physician has determined death will occur regardless of the use of such procedure. The dec- laration is only applicable to a patient who has been diagnosed * For additional discussion of this issue, see ACTEC Study 10, and certified to be terminally ill by two physicians. A patient is ter- “Surviving Spouse’s Right to Share in Deceased Spouse’s Estate” minally ill if death is imminent or his or her condition is deemed 1-2 © 1996 The American College of Trust and Estate Counsel December 1996 hopeless without the use of life-sustaining procedures. The dec- a) If at the time of the execution of the will the testator laration must be in writing and witnessed by two adults who are believes the child to be dead, the child receives a share as not related to the patient by blood or marriage and who are not if the testator had died intestate, or responsible for the patient’s care. At the present time, the with- b) In satisfying a share as stated above, devise is made by holding or withdrawal or artificially administered nutrition and the will abate as provided in A.S. 13.16.540 (A.S. hydration is not specifically addressed in the statute or caselaw 13.11.115). leaving a question as to the effect of the declaration on such pro- cedures. (Code of Alabama 1975, Section 22-8A-1 et. seq.). EFFECT OF TESTAMENTARY GIFT TO ATTESTING Health care proxies are not specifically authorized by statute. In WITNESSES addition, the durable power of attorney statute makes no refer- ence to health care decisions. However, the statute may be broad A will or any provision of one is not invalid because the will is enough to encompass such decisions if specifically authorized in signed by an interested person (A.S. 13.11.170). the document. (See Code of Alabama 1975, Section 26-1-2). LIMITATION, IF ANY, ON CHARITABLE BEQUEST None. C.L. Cloudy Ketchikan, Alaska ALASKA October 30, 1995 EFFECT OF LAPSED LEGACY Pursuant to A.S. 13.11.240, “If a devisee who is a grandparent or a lineal descendant of a grandparent of the testator is dead at AGE OF TESTATOR the time of execution of the will, fails to survive the testator, or is treated as if the devisee predeceased the testator, the issue of Real Estate Personal Property the deceased devisee who survive the testator by 120 hours 18 18 take in place of the deceased devisee and, if they are all of the same degree of kinship to the devisee, they take equally, but, if HOLOGRAPHIC (HANDWRITTEN, UNWITNESSED) of unequal degree, then those of more remote degree take by representation. A person who would have been a devisee under With or without attestation if in handwriting and signed by testa- a class gift if the person has survived the testator is treated as a tor. Admitted to probate same as other wills. (A.S. 13.11.160). devisee...whether the person’s death occurred before or after the execution of the will”. NUNCUPATIVE (ORAL) Except as provided in A.S. 13.11.240, if a devise other than a If made by mariners at sea or a soldier in military service, may residuary devise fails for any reason it becomes part of the dispose of personal property orally or by writing. If oral, the will residue. If the residue is devised to two or more persons and the must be proved within 6 months unless reduced to writing with- share of one of the residuary devisees fails for any reason, that in 30 days after the words were spoken.
Load more

Recommended publications
  • Spring 2014 Melanie Leslie – Trusts and Estates – Attack Outline 1
    Spring 2014 Melanie Leslie – Trusts and Estates – Attack Outline Order of Operations (Will) • Problems with the will itself o Facts showing improper execution (signature, witnesses, statements, affidavits, etc.), other will challenges (Question call here is whether will should be admitted to probate) . Look out for disinherited people who have standing under the intestacy statute!! . Consider mechanisms to avoid will challenges (no contest, etc.) o Will challenges (AFTER you deal with problems in execution) . Capacity/undue influence/fraud o Attempts to reference external/unexecuted documents . Incorporation by reference . Facts of independent significance • Spot: Property/devise identified by a generic name – “all real property,” “all my stocks,” etc. • Problems with specific devises in the will o Ademption (no longer in estate) . Spot: Words of survivorship . Identity theory vs. UPC o Abatement (estate has insufficient assets) . Residuary general specific . Spot: Language opting out of the common law rule o Lapse . First! Is the devisee protected by the anti-lapse statute!?! . Opted out? Spot: Words of survivorship, etc. UPC vs. CL . If devise lapses (or doesn’t), careful about who it goes to • If saved, only one state goes to people in will of devisee, all others go to descendants • Careful if it is a class gift! Does not go to residuary unless whole class lapses • Other issues o Revocation – Express or implied? o Taxes – CL is pro rata, look for opt out, especially for big ticket things o Executor – Careful! Look out for undue
    [Show full text]
  • What's Wrong About the Elective Share
    GW Law Faculty Publications & Other Works Faculty Scholarship 2020 What’s Wrong About the Elective Share “Right”? Naomi R. Cahn George Washington University Law School, [email protected] Follow this and additional works at: https://scholarship.law.gwu.edu/faculty_publications Part of the Law Commons Recommended Citation 53 U.C. Davis L. Rev. (forthcoming 2020); GWU Law School Public Law Research Paper No. 2020-44; GWU Legal Studies Research Paper No. 2020-44 This Article is brought to you for free and open access by the Faculty Scholarship at Scholarly Commons. It has been accepted for inclusion in GW Law Faculty Publications & Other Works by an authorized administrator of Scholarly Commons. For more information, please contact [email protected]. CAHN MACRO V3.DOCX (DRAFT) (DO NOT DELETE) 6/2/2020 4:37 PM What’s Wrong About the Elective Share “Right”? Naomi Cahn* This Article examines one form of property rights available to a surviving spouse, the elective share. The elective share serves as an override to a testator’s stated intent by allowing the surviving spouse to choose to take a portion of the decedent’s estate — even if the will explicitly disinherits the surviving spouse. The Article analyzes a recent five-year period of state cases raising elective share issues with the goal of determining the circumstances under which an elective share is most likely to be contested. The reported elective share disputes typically involve a subsequent spouse challenging a will that leaves property to an earlier family. The petitioners are almost invariably women. The length of the marriage ranges from a few months to decades, and some of the cases involve waiver of the share, some involve estranged spouses, and a few involve marriage fraud.
    [Show full text]
  • Glossary.3D 5/6/2008 13:55 Page 581
    21764_24_glossary.3d 5/6/2008 13:55 page 581 Glossary 401(k) plan A company-sponsored retirement plan of a dead person whose executor (person chosen to in which an employee agrees either to take a salary hand it out) has died. Also called administrator de reduction or to forgo a bonus to provide money for bonis non or administrator d.b.n. retirement. administrator pendente lite Temporary administra- A tor appointed before the adjudication of testacy or intestacy to preserve the assets of an estate. abates 1. Destroy or completely end. 2. Greatly lessen or reduce. administrator with the will annexed (Latin) “With the will attached.” An administrator who is adeemed Take away. appointed by a court to supervise handing out the ademption 1. Disposing of something left in a will property of a dead person whose will does not before death, with the effect that the person it was name executors (persons to hand out property) or left to does not get it. 2. The gift, before death, of whose named executors cannot or will not serve. something left in a will to a person who was left it. Also known as administrator w.w.a., administrator cum testamento annexo, and administrator c.t.a. administrator A person appointed by the court to supervise the estate (property) of a dead person. If administratrix Female appointed to administer the the supervising person is named in the dead estate of an intestate decedent. ’ person s will, the proper name is executor. advance directives A document such as a durable administering an estate Settling and distributing the power of attorney, health-care proxy, or living will estate of a deceased person.
    [Show full text]
  • Does a Will Need an Attestation and Affidavit
    Does A Will Need An Attestation And Affidavit Uncompanioned Bartholemy overinsure very inerasably while Ross remains separable and left-handed. Operant or endometrial, Alwin never padlock any foot! Apiculate and stage-struck Clarke rib her cheechakoes explores vocally or denaturise dispersedly, is Spiro founded? Istorical basis for a conveyancing fees for law requires additional witness does a will need an and attestation clause should receive anything you The court ultimately unrecognized, lake worth reiterating that need a an and does will attestation affidavit is important to fit your situation of self proving attestation by the self vs. Many jurisdictions have the attorney to my property owned by having trust with either does a need an attestation affidavit will and national commerce act when an appointment of. Compound the content included in his age, a specific questions to evaluate that does a need an and will attestation clause is or third person making it clear as a prenup agreement? Any attesting witness to project will including without limitation an electronic will may. Will was witnessed properly signed affidavit and attestation clause. The county into shares in intestacy will does an. The witnesses and free dictionary, it leaves your affidavit attestation clause at or signed? Having breakfast with a third witness and does a need an attestation affidavit will. Relation to sign before admitting a will is not know more? Complete an estate planning lawyer should i write because the paper, confirmed by filing. Could be able bodied
    [Show full text]
  • BASICS of WILL DRAFTING the Importance of Having a Will a Will
    BASICS OF WILL DRAFTING PATRICIA J. SHEVY, ESQ. THE SHEVY LAW FIRM LLC [email protected] The Importance of Having a Will A Will sets forth a person’s directions with respect to the direction of his or her assets after death. Without a properly executed Will, the laws of intestacy will apply to the distribution of a person’s assets. Many clients assume that the laws of intestacy will suffice. However, what happens in the following example: Husband and Wife have 3 minor children. Husband has $700,000 in assets. Wife has $1,000 in assets. The house is owned jointly by Husband and Wife. Husband dies. Wife keeps the house as surviving joint tenant. The remaining $700,000 is divided between Wife and children according to the laws of intestacy (Wife receives $50,000 plus ½ of the remaining $650,000; the 3 children split the remaining $325,000). But remember the children are minors, so the court will be involved until the youngest child reaches majority. This is probably not the outcome Husband and Wife had in mind. Problems with Intestate Succession When a New York State resident dies leaving no Will, the assets of the decedent will be distributed under New York Estates, Powers and Trusts Law (“EPTL”) Article 4, which lists the order and amount that family members will take from the estate of the decedent. In cases where a person dies intestate, EPTL §4-1.1 provides that a decedent’s assets will be distributed as follows: . If survived by a surviving spouse and children, the spouse receives $50,000 and ½ of the balance.
    [Show full text]
  • Will Formalities in Louisiana: Yesterday, Today, and Tomorrow
    Louisiana Law Review Volume 80 Number 4 Summer 2020 Article 9 11-11-2020 Will Formalities in Louisiana: Yesterday, Today, and Tomorrow Ronald J. Scalise Jr. Follow this and additional works at: https://digitalcommons.law.lsu.edu/lalrev Part of the Law Commons Repository Citation Ronald J. Scalise Jr., Will Formalities in Louisiana: Yesterday, Today, and Tomorrow, 80 La. L. Rev. (2020) Available at: https://digitalcommons.law.lsu.edu/lalrev/vol80/iss4/9 This Article is brought to you for free and open access by the Law Reviews and Journals at LSU Law Digital Commons. It has been accepted for inclusion in Louisiana Law Review by an authorized editor of LSU Law Digital Commons. For more information, please contact [email protected]. Will Formalities in Louisiana: Yesterday, Today, and Tomorrow Ronald J. Scalise, Jr. TABLE OF CONTENTS Introduction ................................................................................ 1332 I. A (Very Brief) History of Wills in the United States ................. 1333 A. Functions of Form Requirements ........................................ 1335 B. The Law of Yesterday: The Development of Louisiana’s Will Forms ....................................................... 1337 II. Compliance with Formalities ..................................................... 1343 A. The Slow Migration from “Strict Compliance” to “Substantial Compliance” to “Harmless Error” in the United States .............................................................. 1344 B. Compliance in Other Jurisdictions, Civil and Common ..............................................................
    [Show full text]
  • STEVE R. AKERS Bessemer Trust Company, NA 300
    THE ANATOMY OF A WILL: PRACTICAL CONSIDERATIONS IN WILL DRAFTING* Authors: STEVE R. AKERS Bessemer Trust Company, N.A. 300 Crescent Court, Suite 800 Dallas, Texas 75201 BERNARD E. JONES Attorney at Law 3555 Timmons Lane, Suite 1020 Houston, Texas 77027 R. J. WATTS, II Law Office of R. J. Watts, II 9400 N. Central Expressway, Ste. 306 Dallas, Texas 75231-5039 State Bar of Texas ESTATE PLANNING AND PROBATE 101 COURSE June 25, 2012 San Antonio CHAPTER 2.1 * Copyright © 1993 - 2011 * by Steve R. Akers Anatomy of A Will Chapter 2.1 TABLE OF CONTENTS PART 1. NUTSHELL OF SUBSTANTIVE LAW REGARDING VALIDITY OF A WILL................................................................. 1 I. FUNDAMENTAL REQUIREMENTS OF A WILL. 1 A. What Is a "Will"?. 1 1. Generally. 1 2. Origin of the Term "Last Will and Testament".. 1 3. Summary of Basic Requirements. 1 B. Testamentary Intent. 1 1. Generally. 1 2. Instrument Clearly Labeled as a Will.. 2 3. Models or Instruction Letters. 2 4. Extraneous Evidence of Testamentary Intent.. 2 C. Testamentary Capacity - Who Can Make a Will. 2 1. Statutory Provision. 2 2. Judicial Development of the "Sound Mind" Requirement.. 2 a. Five Part Test--Current Rule.. 2 b. Old Four Part Test--No Longer the Law.. 2 c. Lucid Intervals. 3 d. Lay Opinion Testimony Admissible.. 3 e. Prior Adjudication of Insanity--Presumption of Continued Insanity. 3 f. Subsequent Adjudication of Insanity--Not Admissible. 3 g. Comparison of Testamentary Capacity with Contractual Capacity. 4 (1) Contractual Capacity in General.. 4 (2) Testamentary and Contractual Capacity Compared. 4 h. Insane Delusion.
    [Show full text]
  • Chapter 6: Final Draft and Execution of a Valid Will
    CHAPTER 6: FINAL DRAFT AND EXECUTION OF A VALID WILL MATCHING a. exordium clause b. residuary clause c. conservator d. delay clause e. simultaneous death clause f. principal g. attestation clause h. medical power of attorney i. nondurable power of attorney j. springing power of attorney 1. A person who directs an agent to act for the principal’s benefit subject to the principal’s direction and control 2. A statement in a will that determines the distribution of property in the event there is no evidence as to the priority of time of death of the testator and another, usually the testator’s spouse 3. The authority of a person to act on behalf of the principal that is triggered by the occurrence of a specified anticipated event 4. The authority of a person to act on behalf of the principal that ends when a specified event occurs 5. The guardian and manager of property left to minor or incompetent children 6. The authority of a person appointed by a patient to make decisions about his/her medical care when he/she becomes incapacitated and unable to make such decisions 7. A requirement of most states that a person must survive the first decedent by at least 120 hours to qualify as a surviving beneficiary 8. The beginning or introductory clause of a will 9. A statement by the witnesses in a will that they have attested and subscribed the testator’s signature 10. A statement in a will that disposes of the remaining assets of the decedent’s estate after all debts and gifts in the will are satisfied 1.
    [Show full text]
  • STUDENT ANSWER 1: 1. Testator's Will Is Valid. in Order for a Will to Be
    STUDENT ANSWER 1: 1. Testator’s will is valid. In order for a will to be valid, it must strictly adhere to the state’s formal requirements for validly executing a will. Before addressing those requirements, where a will contains an attestation clause or is executed by an attorney, there arises a presumption that the will was validly executed and will be admitted to probate unless contested as invalidly executed. Here, the will’s execution was overseen by an attorney and will give rise to the presumption. Most states adopt the following requirements: the will must be signed by the testator at the end of the will, the will must be in writing, it must be published as a will, and witnessed and signed by two witnesses. Here, testator’s will was in writing, and published. To publish a will, there must be a stated or demonstrated intent to make the document a will, which the testator did by declaring the document on the attorney’s desk to be his will before the witnesses (note that the law does not require testator to read the will’s contents to the witnesses). The will’s signing was also witnessed by two witnesses, who we can assume are not any of the named individuals in the will, and thus their two signatures are sufficient for all gifts to be valid within. Additionally, the law imposes no requirement that the pages need to be stapled together. Since the pages were kept together and not lost, the will may be valid. Here, the testator’s signature which was not placed at the end of the will, but rather before the attestation clause and witness signatures.
    [Show full text]
  • The Burden of Proof As to Testamentary Capacity in Wisconsin, 43 Marq
    Marquette Law Review Volume 43 Article 4 Issue 2 Fall 1959 The urB den of Proof as to Testamentary Capacity in Wisconsin Robert G. Ulrich Follow this and additional works at: http://scholarship.law.marquette.edu/mulr Part of the Law Commons Repository Citation Robert G. Ulrich, The Burden of Proof as to Testamentary Capacity in Wisconsin, 43 Marq. L. Rev. 230 (1959). Available at: http://scholarship.law.marquette.edu/mulr/vol43/iss2/4 This Article is brought to you for free and open access by the Journals at Marquette Law Scholarly Commons. It has been accepted for inclusion in Marquette Law Review by an authorized administrator of Marquette Law Scholarly Commons. For more information, please contact [email protected]. COMMENTS THE BURDEN OF PROOF AS TO TESTAMENTARY CAPACITY IN WISCONSIN The phrase burden of proof is often heard in the practice of law, but its meaning frequently seems to escape definition. Though it may often be thought of as a theoretical concept of little practical value, it may be of great advantage to the practitioner to know the exact mean- ing of the term. Different meanings may be given to the phrase, but in this article an attempt will be made to make the different meanings stand in sharp focus. THE Two MEANINGS OF THE BURDEN OF PROOF- ORTHODOX POSITION Wigmore states that the phrase burden of proof is used in two senses, the burden in the primary sense and the burden in the secondary sense.' The burden of proof in the primary sense refers to the burden placed upon one party to ultimately bear the risk of nonpersuasion of the jury (or judge).
    [Show full text]
  • The Early Sources of Forced Heirship; Its History in Texas and Louisiana, 4 La
    Louisiana Law Review Volume 4 | Number 1 November 1941 The aE rly Sources of Forced Heirship; Its History in Texas and Louisiana Joseph Dainow Repository Citation Joseph Dainow, The Early Sources of Forced Heirship; Its History in Texas and Louisiana, 4 La. L. Rev. (1941) Available at: https://digitalcommons.law.lsu.edu/lalrev/vol4/iss1/14 This Article is brought to you for free and open access by the Law Reviews and Journals at LSU Law Digital Commons. It has been accepted for inclusion in Louisiana Law Review by an authorized editor of LSU Law Digital Commons. For more information, please contact [email protected]. The Early Sources of Forced Heirship; Its History in Texas and Louisiana JOSEPH DAINOW* "There are certain provisions of the Civil Code of Louisi- ana that are something more than mere laws; they may be said to rise to the dignity of institutions. Among these are the articles of the Code providing for what is known as the doctrine of forced heirship."' The question of forced heirship is one which has received extensive and continued attention in practically all developed legal systems. Strong public policies are always involved and a great variety of conclusions have been reached. Furthermore, the policies and rules within certain countries have changed from one 2 extreme to the other. Forced heirship has always been a part of the law of Louisi- ana and as recently as 1921 it was given constitutional sanctifica- tion and protection.3 In Texas, the influences worked in the opposite direction. Forced heirship was a recognized institution of the original law, but within a comparatively short time after the entry of Texas into the Union it was abolished.4 It is proposed here to examine some relevant aspects of the early sources of this institution in the Roman, Germanic and Spanish laws.
    [Show full text]
  • Signature Pages for Will and Self-Proving Affidavit (MO)
    Resource ID: W-017-0721 Signature Pages for Will and Self-Proving Affidavit (MO) ANDREW M. MITCHELL, GREENSFELDER, HEMKER & GALE, P.C., WITH PRACTICAL LAW TRUSTS & ESTATES Search the Resource ID numbers in blue on Westlaw for more. Signature pages that comply with the execution requirements for Missouri wills, including an attestation clause, signature lines for the testator and witnesses, and a self-proving affidavit. This Standard Clause contains integrated notes and drafting tips. DRAFTING NOTE: READ THIS BEFORE USING DOCUMENT To make a valid will in Missouri, a person This Standard Clause provides the signature must be either: pages that can be used with a Missouri will, At least eighteen years of age. including: A minor emancipated by: An attestation clause. zadjudication; A signature line for the testator. zmarriage; or Signature lines for witnesses. zentry into active military duty. A self-proving affidavit. (§ 474.310, RSMo.) BRACKETED ITEMS A self-proving affidavit is not required to The drafting party should replace bracketed create a valid will. However, a court can language in ALL CAPS with case-specific admit to probate a self-proved will without facts or other information. Bracketed having to submit additional proof that language in sentence case is optional the will was executed in conformity with language that the drafting party may Missouri law (§§ 473.065(1) and 474.337, include, modify, or delete in its discretion. RSMo). The purpose of a self-proving A forward slash between words or phrases affidavit is to avoid the need to call the indicates that the drafting party should witnesses to a will to testify to probate the include one of the words or phrases will at the testator’s death.
    [Show full text]