Last Will and Testament for Married Person with Adult Children from Prior Marriage
Note: This summary is not intended to be an all-inclusive discussion of the law of wills in Vermont, but does contain basic
and other information. This summary does not include a discussion of handwritten wills.
Who may make a wlll: A person of age and
sound mind may devise, bequeath and dispose of his estate, real and personal,
and of any right or interest which he has in any real or personal estate,
by his last will and testament. 14-001 § 1.
Execution of will: A will shall not pass
any real or personal estate, or charge or affect the same, unless it is
in writing and signed by the testator, or by the testator's name written
by some other person in his presence and by his express direction, and
attested and subscribed by three or more credible witnesses in the presence
of the testator and of each other. § 5.
How revoked: A will shall not be revoked,
except by implication of law, otherwise than by some will, codicil or other
writing, executed as provided in case of wills; or by burning, tearing,
canceling or obliterating the same, with the intention of revoking it,
by the testator himself, or by some person in his presence and by his express
direction. § 11.
Deposit of will for safekeeping; delivery; final disposition:
(a)
A testator may deposit a will for safekeeping in the probate court for
the district in which the testator resides on the payment of a fee of $2.00
to the court. The register shall give to the testator a certificate of
deposit, shall safely keep each will so deposited and shall keep an index
of the wills so deposited.
(b) Each will so deposited shall be inclosed in a sealed wrapper
having inscribed thereon the name and residence of the testator, the day
when and the person by whom it was deposited, and the wrapper may also
have indorsed thereon the name of the person to whom the will is to be
delivered after the death of the testator. The wrapper shall not be opened
until it is delivered to a person entitled to receive it or until otherwise
disposed of as hereinafter provided.
(c) During the life of the testator that will shall be delivered
only to the testator, or in accordance with the testator's order in writing
duly proved by oath of a subscribing witness, but the testator's duly authorized
legal guardian may at any time inspect and copy the will in the presence
of the judge or register. After the death of the testator it shall be delivered
on demand to the person named in the indorsement.
(d) If the will is not called for by the person named in the indorsement,
it shall be publicly opened at a time to be appointed by the court as soon
as may be after notice of the testator's death. If a petition to open a
decedent's estate is filed in a district other than where the will has
been kept, the will shall be delivered to the executor therein named or
to the person whose name is indorsed on the wrapper or shall be filed in
the other court, as the court may order.
(e) Except as provided herein, wills deposited for safekeeping
or any index of wills so deposited are not open to public inspection. §
2.
Devise or legacy to witness: If a person
witnesses the execution of a will whereby he or his wife or her husband
is given property in the will, such provision shall be void so far only
as concerns such person or his wife or her husband or one claiming under
such person, husband or wife, unless there are three other competent witnesses
to such will. Such person so attesting shall be admitted as a witness as
if such devise, legacy or interest had not been made or given. A mere charge
on the real or personal estate of the testator for the payment of debts
shall not prevent his creditors from being competent witnesses to his will.
This provision does not apply to heirs at law of the testator. § 10.
