Can a second wife contest a will?

A will cannot be contested until someone dies. Children are often disinherited as a result of their father's remarriage. To maintain domestic harmony with the new wife, the husband will often do whatever the new wife says, including doing...

Does a will override marriage rights?

Under California law, a marriage automatically invalidates any pre-existing will or trust as to the new spouse's inheritance rights, unless the documents provide for a new spouse, or clearly indicate a new spouse will receive nothing.

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Oregon Last Will and Testament for Divorced Person Not Remarried with...

Oregon Last Will and Testament for Divorced Person Not Remarried with Adult and Minor Children

Name: Oregon Last Will and Testament for Divorced Person Not Remarried with Adult and Minor Children
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.6 (280 reviews)

Category:

Wills - For People with Children

State:

Oregon

Control #:

OR-WIL-01400

Format:

Instant download

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Description

The Will you have found is for a divorced person who has not remarried and who has both minor and adult children. It provides for the appointment of a personal representative or executor, designation of who will receive your property and other provisions. It also establishes a trust for the estate left to the minor children.

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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How to fill out Oregon Last Will And Testament For Divorced Person Not Remarried With Adult And Minor Children?

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FAQ

If you remarry but don't draw up a new Will to reflect your new marriage, your existing Will is revoked, meaning you do not have a valid Will and your estate will be dealt with under intestacy rules.If you do not have surviving children, grandchildren or great grandchildren your spouse will receive the entire estate.

A will cannot be contested until someone dies. Children are often disinherited as a result of their father's remarriage. To maintain domestic harmony with the new wife, the husband will often do whatever the new wife says, including doing...

Under California law, a marriage automatically invalidates any pre-existing will or trust as to the new spouse's inheritance rights, unless the documents provide for a new spouse, or clearly indicate a new spouse will receive nothing.

You and your spouse may have one of the most common types of estate plans between married couples, which is a simple will leaving everything to each other. With this type of plan, you leave all of your assets outright to your surviving spouse. The kids or other beneficiaries only get something after you are both gone.

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Last Will and Testament for Divorced Person Not Remarried with Adult and Minor 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

Last Will and Testament for Divorced Person Not Remarried with Adult and Minor 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

Oregon Last Will and Testament for Divorced Person Not Remarried with Adult and Minor Children

Description

Related forms

Viewed forms

How to fill out Oregon Last Will And Testament For Divorced Person Not Remarried With Adult And Minor Children?

Form popularity

FAQ

What happens to my will if I remarry?

Can a second wife contest a will?

Does a will override marriage rights?

What type of will leaves everything to your spouse?

Trusted and secure by over 3 million people of the world’s leading companies

Oregon Last Will and Testament for Divorced Person Not Remarried with Adult and Minor Children

Description

Related forms

Viewed forms

How to fill out Oregon Last Will And Testament For Divorced Person Not Remarried With Adult And Minor Children?

Form popularity

FAQ

What happens to my will if I remarry?

Can a second wife contest a will?

Does a will override marriage rights?

What type of will leaves everything to your spouse?

Oregon Last Will and Testament for Divorced Person Not Remarried with Adult and Minor Children Related Searches

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