Last Will and Testament for Divorced person not Remarried with Minor Children
Note: This summary is not intended to be an all-inclusive
discussion of the law of wills, but does contain basic and other information.
Handwritten wills are not discussed.
Who May Make a Will: Every person of the
age of eighteen years and married persons under that age, of sane mind,
may devise and dispose of their property, real and personal, and of any
right or interest they may have in any property, by their last will in
writing. 56-551:1
Execution: To be valid, a will or codicil
to a will shall be made by a qualified testator, be in writing, be signed
by the testator and be signed by 2 or more credible witnesses, who shall,
at the request of the testator and in the testator's presence,
attest to the testator's signature. 551:2
Will Made Outside the State: A will made
out of this state, and valid according to the laws of the state or country
where it was executed, may be proved and allowed in this state, and shall
thereupon be as effective as it would have been if executed according to
the laws of this state. 551:5
Revocation.
I. Except as provided in paragraph II,
no will or clause thereof shall be revoked unless by some other valid will
or codicil, or by some writing executed in the same manner, or by canceling,
tearing, obliterating or otherwise destroying the same by the testator,
or by some person by the testator's consent and in the testator's presence.
II. If after executing a will the testator is divorced or the marriage
is annulled, the divorce or annulment revokes any disposition or appointment
of property made by the will to the former spouse, any provision conferring
a general or special power of appointment on the former spouse, and any
nomination of the former spouse as executor, trustee, conservator, or guardian,
unless the will expressly provides otherwise. Property prevented from passing
to a former spouse because of revocation by divorce or annulment passes
as if the former spouse failed to survive the decedent, and other provisions
conferring some power or office on the former spouse are interpreted as
if the spouse failed to survive the decedent. If provisions are revoked
solely by this section, they are revived by the testator's remarriage to
the former spouse. A decree of separation which does not terminate the
status of husband and wife is not a divorce for the purposes of this section.
No change of circumstances other than as described in this section revokes
a will. 551:13
Self-Proved Wills: To qualify as self-proved,
the signatures of the testator and witnesses shall be followed by a sworn
acknowledgment made before a notary public or justice of the peace or other
official authorized to administer oaths in the place of execution, on a
required form. 551:2-a
Interested Witness: Any beneficial device
or legacy made or given in a will to a subscribing witness thereto or to
the wife or husband of such a witness shall be void unless there be 2 other
subscribing witnesses, and such subscribing witness shall be a competent
witness thereto; but a provision therein for the payment of a debt shall
not be void nor disqualify the creditor as a witness thereto. 551:3
