Do I need a self-proving affidavit to a codicil to my will?
Full Question:
Do I need a self-proving affidavit to a codicil to my will? If so, where can I find that?
04/05/2007 |
Category: Wills and Estates |
State: Oregon |
#2673
Answer:
The following is an Oregon statute:
112.232 Uniform International Wills Act.
(1) As used in this section:
(a) "International will" means a will executed in conformity with
subsections (2) to (5) of this section.
(b) "Authorized person" and "person authorized to act in connection
with international wills" means a person who by subsection (9) of this
section, or by the laws of the United States including members of the
diplomatic and consular service of the United States designated by
foreign service regulations, is empowered to supervise the execution of
international wills.
(2)(a) A will is valid as regards form, irrespective particularly of
the place where it is made, of the location of the assets and of the
nationality, domicile or residence of the testator, if it is made in the
form of an international will complying with the requirements of this
section.
(b) The invalidity of the will as an international will does not affect
its formal validity as a will of another kind.
(c) This section does not apply to the form of testamentary
dispositions made by two or more persons in one instrument.
(3)(a) The will must be made in writing. It need not be written by the
testator. It may be written in any language, by hand or by any other
means.
(b) The testator shall declare in the presence of two witnesses and of
a person authorized to act in connection with international wills that
the document is the will of the testator and that the testator knows the
contents thereof. The testator need not inform the witnesses, or the
authorized person, of the contents of the will.
(c) In the presence of the witnesses, and of the authorized person, the
testator shall sign the will or, if the testator has previously signed
it, shall acknowledge the signature.
(d) If the testator is unable to sign, the absence of that signature
does not affect the validity of the international will if the testator
indicates the reason for inability to sign and the authorized person
makes note thereof on the will. In that case, it is permissible for any
other person present, including the authorized person or one of the
witnesses, at the direction of the testator, to sign the testator's name
for the testator if the authorized person makes note of this on the
will, but it is not required that any person sign the testator's name for
the testator.
(e) The witnesses and the authorized person shall there and then attest
the will by signing in the presence of the testator.
(4)(a) The signatures must be placed at the end of the will. If the
will consists of several sheets, each sheet must be signed by the
testator or, if the testator is unable to sign, by the person signing on
behalf of the testator or, if there is no such person, by the authorized
person. In addition, each sheet must be numbered.
(b) The date of the will must be the date of its signature by the
authorized person. That date must be noted at the end of the will by the
authorized person.
(c) The authorized person shall ask the testator whether the testator
wishes to make a declaration concerning the safekeeping of the will. If
so and at the express request of the testator, the place where the
testator intends to have the will kept must be mentioned in the
certificate provided for in subsection (5) of this section.
(d) A will executed in compliance with subsection (3) of this section
is not invalid merely because it does not comply with this subsection.
(5) The authorized person shall attach to the will a certificate to be
signed by the authorized person establishing that the requirements of
this section for valid execution of an international will have been
fulfilled. The authorized person shall keep a copy of the certificate and
deliver another to the testator. The certificate must be substantially in
the following form:
1. I, _________ (name, address and
capacity), a person authorized to act
in connection with international wills,
2. certify that on _________ (date)
at _________ (place)
3. (testator) _________ (name, address,
date and place of birth) in my presence
and that of the witnesses
4. (a) _________ (name, address, date
and place of birth)
(b) _________ (name, address, date
and place of birth) has declared that
the attached document is the will of
the testator and that the testator
knows the contents thereof.
5. I furthermore certify that:
6. (a) in my presence and in that of the
witnesses
(1) the testator has signed
the will or has acknowledged
the testator's signature
previously affixed.
(2)[fn*] following a declaration
of the testator stating that
the testator was unable to
sign the will for the following
reason ____________,
I have mentioned this declaration
on the will, and[fn*] the
signature has been affixed by
_________ (name and address)
7. (b) the witnesses and I have signed
the will;
8. (c)[fn*] each page of the will has been
signed by ________
and numbered;
9. (d) I have satisfied myself as to
the identity of the testator and
of the witnesses as designated above;
10. (e) the witnesses met the conditions
requisite to act as such according
to the law under which I am acting;
11. (f)[fn*] the testator has requested me
to include the following statement
concerning the safekeeping of
the will: _______________
12. PLACE OF EXECUTION
13. DATE
14. SIGNATURE and, if necessary, SEAL
[fn*] to be completed if appropriate
(6) In the absence of evidence to the contrary, the certificate of the
authorized person is conclusive of the formal validity of the instrument
as a will under this section. The absence or irregularity of a
certificate does not affect the formal validity of a will under this
section.
(7) An international will is subject to the ordinary rules of
revocation of wills.
(8) Subsections (1) to (7) of this section derive from Annex to
Convention of October 26, 1973, Providing a Uniform Law on the Form of an
International Will. In interpreting and applying this section, regard
shall be had to its international origin and to the need for uniformity
in its interpretation.
(9) Individuals who have been admitted to practice law before the
courts of this state and are currently licensed so to do are authorized
persons in relation to international wills.
(10) This section may be referred to and cited as the Uniform
International Wills Act.
[1981 c. 481 § 2; 1993 c. 98 § 2]