Last Will and Testament for Married person with Minor Children
Who may make will: Any person
of the age of eighteen years, or over, of sound mind and memory, and not
under restraint, may make a will.
§ 2107.02
Method of making will. Every last will and testament shall
be in writing, but may be handwritten or typewritten. Such will shall be
signed at the end by the party making it, or by some other person in such
party's presence and at his express direction, and be attested and subscribed
in the presence of such party, by two or more competent witnesses, who
saw the testator subscribe, or heard him acknowledge his signature. §
2107.03
Number of Witnesses: Two or more. §
2107.03
Agreement to make a will. No agreement to make a will or
to make a devise or bequest by will shall be enforceable unless it is in
writing. Such agreement must be signed by the maker. § 2107.04
Incorporation by reference. An existing document, book,
record, or memorandum may be incorporated in a will by reference, if referred
to as being in existence at the time the will is executed. § 2107.05
Deposit of will. A will may be deposited
by the maker, or by some person for the maker, in the office of the judge
of the probate court in the county in which the testator lives. §
2107.07
Delivery of deposited will. During the lifetime of a testator,
the testator's will, deposited according to law, shall be delivered only
to him, to some person authorized by him by a written order, or to a probate
court for a determination of its validity when the testator so requests.
After the testator's death, the will shall be delivered to the person named
in the indorsement on the wrapper of the will, if there is a person named
who demands it.§ 2107.08
Witness a devisee or legatee. If a devise or bequest is made
to a person who is one of only two witnesses to a will, the devise or bequest
is void. The witness shall then be competent to testify to the execution
of the will, as if the devise or bequest had not been made. § 2107.15
Revocation of will. A will shall be revoked
in the following manners:
(1) By the testator by tearing, canceling, obliterating,
or destroying it with the intention of revoking it;
(2) By some person, at the request of the testator and in the testator's
presence, by tearing, canceling, obliterating, or destroying it with the
intention of revoking it;
(3) By some person tearing, canceling, obliterating, or destroying
it pursuant to the testator's express written direction;
(4) By some other written will or codicil, executed as prescribed
by this chapter;
(5) By some other writing that is signed, attested, and subscribed
in the manner provided by this chapter.
(6) Other methods as provided by law. § 2107.33
Divorce. If after executing a will,
a testator is divorced, obtains a dissolution of marriage, has the testator's
marriage annulled, or, upon actual separation from the testator's spouse,
enters into a separation agreement pursuant to which the parties intend
to fully and finally settle their prospective property rights in the property
of the other, whether by expected inheritance or otherwise, any disposition
or appointment of property made by the will to the former spouse or to
a trust with powers created by or available to the former spouse, any provision
in the will conferring a general or special power of appointment on the
former spouse, and any nomination in the will of the former spouse as executor,
trustee, or guardian shall be revoked unless the will expressly provides
otherwise. Property prevented from passing to a former spouse or
to a trust with powers created by or available to the former spouse because
of revocation by this section shall pass as if the former spouse failed
to survive the decedent, and other provisions conferring some power or
office on the former spouse shall be interpreted as if the spouse failed
to survive the decedent. If provisions are revoked solely by this section,
they shall be deemed to be revived by the testator's remarriage with the
former spouse or upon the termination of a separation agreement executed
by them. § 2107.33
Subsequent marriage. A will executed by an unmarried person
is not revoked by a subsequent marriage. § 2107.37
