This Will must be signed in the presence of two witnesses, not related to you or named in your Will. If your state has adopted a self-proving affidavit statute, a state specific self-proving affidavit is also included and requires the presence of a notary public to sign the Will.
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Oregon Last Will and Testament for Single Person with No Children
Oregon's Legal Guide For Grandparents
State:
Oregon
Control #:
OR-WIL-0000
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Word;
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Description Or Will Document
The Will you have found is for a single person with no children. It provides for the appointment of a personal representative or executor, designation of who will receive your property and other provisions.
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Oregon Legal Other Form Names
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Oregon's Legal Guide For Grandparents Related Searches
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Legal Will Form Interesting Questions
The legal guide for grandparents in Oregon is a resource that provides information and guidance on the legal rights and responsibilities of grandparents in the state.
A grandparent, as per Oregon's legal guide, includes not only the biological or adoptive grandparents but also the stepparents and relatives who have a significant relationship with the child.
Grandparents may refer to the legal guide to understand their rights for visitation, custody, or guardianship of their grandchildren. It also covers topics such as adoption, child support, and legal representation.
To obtain visitation rights in Oregon, grandparents need to file a petition with the court, demonstrating that visitation is in the best interest of the child. The court then evaluates various factors before making a decision.
Yes, grandparents can seek custody of their grandchildren under certain circumstances. Oregon law allows grandparents to file for custody if it is necessary for the child's best interest and both parents are unfit or unable to care for the child adequately.
A 'significant relationship' refers to a bond between a grandparent and a child that demonstrates a substantial caring, emotional, and supportive connection over a period of time.
Yes, Oregon offers a variety of financial assistance programs and benefits to grandparents who have assumed the role of primary caregivers for their grandchildren. These may include financial aid, healthcare coverage, and support services.
While it is not mandatory, hiring an attorney experienced in family law can greatly assist grandparents in understanding their rights, preparing legal documents, and representing their interests effectively in court.
Absolutely! Oregon has numerous community organizations, support groups, and helplines dedicated to assisting grandparents. These resources offer guidance, counseling, and valuable connections to other grandparents facing similar challenges.
Oregon's legal guide for grandparents is available online on the official website of the Oregon Judicial Department. It can be downloaded or viewed as a comprehensive PDF document.
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Law summary
Last Will and Testament for Single Person with No Children
Note: This summary is not intended to be an all-inclusive
discussion of the law of wills in Oregon, but does contain basic and other
provisions. A discussion of handwritten wills is not included.
Who may make a will: Any person who is 18 years of age or older or who has been lawfully married, and who is of sound mind, may make a will. 112.225
Local law of state selected by testator controlling unless against public policy: The meaning and legal effect of a disposition in a will shall be determined by the local law of a particular state selected by the testator in the instrument of the testator unless the application of that law is contrary to the public policy of this state. 112.230
Execution of a will: A will shall be in writing
and shall be executed with the following formalities:
(1) The testator, in the presence of each of the witnesses, shall:
(a) Sign the will; or
(b) Direct one of the witnesses or some other person to sign thereon the name
of the testator; or
(c) Acknowledge the signature previously made on the
will by the testator or at the testator's direction.
(2) Any person who signs the name of the testator as provided in subsection (1)(b) of this
section shall sign the signer's own name on the will and write on the will
that the signer signed the name of the testator at the direction of the
testator.
(3) At least two witnesses shall each:
(a) See the testator sign
the will; or
(b) Hear the testator acknowledge the signature on the will;
and
(c) Attest the will by signing the witness' name to it.
(4) A will executed in compliance with the Uniform International Wills Act shall be deemed
to have complied with the formalities of this section. 112.235
Witness as beneficiary: A will attested by an interested witness is not thereby invalidated. An interested witness is one to whom is devised a personal and beneficial interest in the estate. 112.245
Validity of execution of a will:
(1) A will is lawfully executed if it is in writing, signed by or at the direction of
the testator and otherwise executed in accordance with the law of:
(a) This state at the time of execution or at the time of death of the testator;
or
(b) The domicile of the testator at the time of execution or at the time
of the testator's death; or
(c) The place of execution at the time of execution.
(2)
A will is lawfully executed if it complies with the Uniform International
Wills Act. 112.255
Testamentary additions to trusts:
(1) A devise may be made by a will to the trustee or trustees of a trust, regardless
of the existence, size or character of the corpus of the trust, if:
(a) The trust is established or will be established by the testator, or by
the testator and some other person or persons, or by some other person
or persons;
(b) The trust is identified in the testator's will; and
(c) The
terms of the trust are set forth in a written instrument, other than a
will, executed before, concurrently with, or after the execution of the
testator's will, or in the valid last will of a person who has predeceased
the testator.
(2) The trust may be funded during the testator's lifetime
or upon the testator's death by the testator's devise to the trustee or
trustees. The trust may be a funded or unfunded life insurance trust, although
the trustor has reserved any or all of the rights of ownership of the insurance
contracts.
(3) The devise shall not be invalid because the trust:
(a) Is amendable or revocable, or both; or
(b) Was amended after the execution
of the testator's will or after the death of the testator.
(4) Unless the testator's will provides otherwise, the property so devised:
(a) Shall not be considered to be held under a testamentary trust of the testator, but
shall become a part of the trust to which it is given; and
(b) Shall be administered and disposed of in accordance with the provisions of the instrument
or will setting forth the terms of the trust, including any amendments
thereto made before or after the death of the testator, regardless of whether
made before or after the execution of the testator's will.
(5) Unless the testator's will provides otherwise, a revocation or termination of the
trust before the death of the testator shall cause the devise to lapse.
(6) This section shall not be construed as providing an exclusive method for
making devises to the trustee or trustees of a trust established otherwise
than by the will of the testator making the devise.
(7) This section shall be so construed as to effectuate its general purpose to make uniform the
law of those states that enact the same or similar provisions. [1969 c.591
s.40; 1999 c.132 s.1] 112.265
Procedure to establish contract to make will or devise or not
to revoke will or devise:
(1) A contract to make a will
or devise, or not to revoke a will or devise, or to die intestate, executed
after January 1, 1974, shall be established only by:
(a) Provisions of a
will stating material provisions of the contract;
(b) An express reference
in a will to a contract and extrinsic evidence proving the terms of the
contract; or
(c) A writing signed by the decedent evidencing the contract.
(2)
The execution of a joint will or mutual wills does not create a presumption
of a contract not to revoke the will or wills. 112.270
In terrorem clauses valid and enforceable; exceptions:
(1) Except as provided in this section, an in terrorem clause in a
will is valid and enforceable. If a devisee contests a will that contains
an in terrorem clause that applies to the devisee, the court shall enforce
the clause against the devisee even though the devisee establishes that
there was probable cause for the contest.
(2) The court shall not enforce
an in terrorem clause if the devisee contesting the will establishes that
the devisee has probable cause to believe that the will is a forgery or
that the will has been revoked.
(3) The court shall not enforce an in terrorem
clause if the contest is brought by a fiduciary acting on behalf of a protected
person under the provisions of ORS chapter 125, a guardian ad litem appointed
for a minor, or a guardian ad litem appointed for an incapacitated or financially
incapable person.
(4) For the purposes of this section, “in terrorem clause”
means a provision in a will that reduces or eliminates a devise to a devisee
if the devisee contests the will. 112.272
Express revocation or alteration:
(1) A will
may be revoked or altered by another will.
(2) A will may be revoked by
being burned, torn, canceled, obliterated or destroyed, with the intent
and purpose of the testator of revoking the will, by the testator, or by
another person at the direction of the testator and in the presence of
the testator. The injury or destruction by a person other than the testator
at the direction and in the presence of the testator shall be proved by
at least two witnesses. 112.285
Revocation by marriage: A will is revoked by
the subsequent marriage of the testator if the testator is survived by
a spouse, unless:
(1) The will evidences an intent that it not be revoked
by the subsequent marriage or was drafted under circumstances establishing
that it was in contemplation of the marriage; or
(2) The testator and spouse
entered into a written contract before the marriage that either makes provision
for the spouse or provides that the spouse is to have no rights in the
estate of the testator. 112.305
Revocation by divorce or annulment: Unless a will evidences a different intent of the testator, the divorce or annulment of the marriage of the testator after the execution of the will revokes all provisions in the will in favor of the former spouse of the testator and any provision therein naming the former spouse as executor, and the effect of the will is the same as though the former spouse did not survive the testator. 112.315
Legal definition
Last Will and Testament for Single Person with No Children
Note: This summary is not intended to be an all-inclusive
discussion of the law of wills in Oregon, but does contain basic and other
provisions. A discussion of handwritten wills is not included.
Who may make a will: Any person who is 18 years of age or older or who has been lawfully married, and who is of sound mind, may make a will. 112.225
Local law of state selected by testator controlling unless against public policy: The meaning and legal effect of a disposition in a will shall be determined by the local law of a particular state selected by the testator in the instrument of the testator unless the application of that law is contrary to the public policy of this state. 112.230
Execution of a will: A will shall be in writing
and shall be executed with the following formalities:
(1) The testator, in the presence of each of the witnesses, shall:
(a) Sign the will; or
(b) Direct one of the witnesses or some other person to sign thereon the name
of the testator; or
(c) Acknowledge the signature previously made on the
will by the testator or at the testator's direction.
(2) Any person who signs the name of the testator as provided in subsection (1)(b) of this
section shall sign the signer's own name on the will and write on the will
that the signer signed the name of the testator at the direction of the
testator.
(3) At least two witnesses shall each:
(a) See the testator sign
the will; or
(b) Hear the testator acknowledge the signature on the will;
and
(c) Attest the will by signing the witness' name to it.
(4) A will executed in compliance with the Uniform International Wills Act shall be deemed
to have complied with the formalities of this section. 112.235
Witness as beneficiary: A will attested by an interested witness is not thereby invalidated. An interested witness is one to whom is devised a personal and beneficial interest in the estate. 112.245
Validity of execution of a will:
(1) A will is lawfully executed if it is in writing, signed by or at the direction of
the testator and otherwise executed in accordance with the law of:
(a) This state at the time of execution or at the time of death of the testator;
or
(b) The domicile of the testator at the time of execution or at the time
of the testator's death; or
(c) The place of execution at the time of execution.
(2)
A will is lawfully executed if it complies with the Uniform International
Wills Act. 112.255
Testamentary additions to trusts:
(1) A devise may be made by a will to the trustee or trustees of a trust, regardless
of the existence, size or character of the corpus of the trust, if:
(a) The trust is established or will be established by the testator, or by
the testator and some other person or persons, or by some other person
or persons;
(b) The trust is identified in the testator's will; and
(c) The
terms of the trust are set forth in a written instrument, other than a
will, executed before, concurrently with, or after the execution of the
testator's will, or in the valid last will of a person who has predeceased
the testator.
(2) The trust may be funded during the testator's lifetime
or upon the testator's death by the testator's devise to the trustee or
trustees. The trust may be a funded or unfunded life insurance trust, although
the trustor has reserved any or all of the rights of ownership of the insurance
contracts.
(3) The devise shall not be invalid because the trust:
(a) Is amendable or revocable, or both; or
(b) Was amended after the execution
of the testator's will or after the death of the testator.
(4) Unless the testator's will provides otherwise, the property so devised:
(a) Shall not be considered to be held under a testamentary trust of the testator, but
shall become a part of the trust to which it is given; and
(b) Shall be administered and disposed of in accordance with the provisions of the instrument
or will setting forth the terms of the trust, including any amendments
thereto made before or after the death of the testator, regardless of whether
made before or after the execution of the testator's will.
(5) Unless the testator's will provides otherwise, a revocation or termination of the
trust before the death of the testator shall cause the devise to lapse.
(6) This section shall not be construed as providing an exclusive method for
making devises to the trustee or trustees of a trust established otherwise
than by the will of the testator making the devise.
(7) This section shall be so construed as to effectuate its general purpose to make uniform the
law of those states that enact the same or similar provisions. [1969 c.591
s.40; 1999 c.132 s.1] 112.265
Procedure to establish contract to make will or devise or not
to revoke will or devise:
(1) A contract to make a will
or devise, or not to revoke a will or devise, or to die intestate, executed
after January 1, 1974, shall be established only by:
(a) Provisions of a
will stating material provisions of the contract;
(b) An express reference
in a will to a contract and extrinsic evidence proving the terms of the
contract; or
(c) A writing signed by the decedent evidencing the contract.
(2)
The execution of a joint will or mutual wills does not create a presumption
of a contract not to revoke the will or wills. 112.270
In terrorem clauses valid and enforceable; exceptions:
(1) Except as provided in this section, an in terrorem clause in a
will is valid and enforceable. If a devisee contests a will that contains
an in terrorem clause that applies to the devisee, the court shall enforce
the clause against the devisee even though the devisee establishes that
there was probable cause for the contest.
(2) The court shall not enforce
an in terrorem clause if the devisee contesting the will establishes that
the devisee has probable cause to believe that the will is a forgery or
that the will has been revoked.
(3) The court shall not enforce an in terrorem
clause if the contest is brought by a fiduciary acting on behalf of a protected
person under the provisions of ORS chapter 125, a guardian ad litem appointed
for a minor, or a guardian ad litem appointed for an incapacitated or financially
incapable person.
(4) For the purposes of this section, “in terrorem clause”
means a provision in a will that reduces or eliminates a devise to a devisee
if the devisee contests the will. 112.272
Express revocation or alteration:
(1) A will
may be revoked or altered by another will.
(2) A will may be revoked by
being burned, torn, canceled, obliterated or destroyed, with the intent
and purpose of the testator of revoking the will, by the testator, or by
another person at the direction of the testator and in the presence of
the testator. The injury or destruction by a person other than the testator
at the direction and in the presence of the testator shall be proved by
at least two witnesses. 112.285
Revocation by marriage: A will is revoked by
the subsequent marriage of the testator if the testator is survived by
a spouse, unless:
(1) The will evidences an intent that it not be revoked
by the subsequent marriage or was drafted under circumstances establishing
that it was in contemplation of the marriage; or
(2) The testator and spouse
entered into a written contract before the marriage that either makes provision
for the spouse or provides that the spouse is to have no rights in the
estate of the testator. 112.305
Revocation by divorce or annulment: Unless a will evidences a different intent of the testator, the divorce or annulment of the marriage of the testator after the execution of the will revokes all provisions in the will in favor of the former spouse of the testator and any provision therein naming the former spouse as executor, and the effect of the will is the same as though the former spouse did not survive the testator. 112.315
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