Section 43-8-131 – Execution and Signature of Will; Witnesses.
Section 43-8-131 Execution and signature of will; witnesses. Except as provided within section 43-8-135, every will shall be in writing signed by the testator or in the testator’s name by some other person in the testator’s presence and by his direction, and shall be signed by at least two persons each of whom witnessed either […]
Section 43-8-165 – Notice to Surviving Spouse and Next of Kin – Minors.
Section 43-8-165 Notice to surviving spouse and next of kin – Minors. If any of the next of kin are minors, such notice may be served as provided by the Alabama Rules of Civil Procedure; and in addition to the service above provided for minors, the court must appoint a guardian ad litem who is […]
Section 43-8-132 – Self-Proved Will – Form and Execution; How Attested Will Made Self-Proved; Effect.
Section 43-8-132 Self-proved will – Form and execution; how attested will made self-proved; effect. (a) Any will may be simultaneously executed, attested, and made self-proved, by acknowledgment thereof by the testator and affidavits of the witnesses, each made before an officer authorized to administer oaths under the laws of the state where execution occurs and […]
Section 43-8-166 – Notice to Surviving Spouse and Next of Kin – Persons Outside State.
Section 43-8-166 Notice to surviving spouse and next of kin – Persons outside state. If either the surviving spouse or next of kin reside and are without the state, notice of such application must be given by publication once a week for three successive weeks in a newspaper published in the county in which such […]
Section 43-8-133 – Self-Proved Will – Making Attested Will Self-Proved.
Section 43-8-133 Self-proved will – Making attested will self-proved. An attested will may be made self-proved through compliance with section 43-8-132 or as otherwise provided by law. (Acts 1982, No. 82-399, §2-504.)
Section 43-8-134 – Who May Witness Will.
Section 43-8-134 Who may witness will. (a) Any person generally competent to be a witness may act as a witness to a will. (b) A will or any provision thereof is not invalid because the will is signed by an interested witness. (Acts 1982, No. 82-399, §2-505.)
Section 43-8-135 – Choice of Law as to Validity of Execution.
Section 43-8-135 Choice of law as to validity of execution. A written will is valid if executed in compliance with section 43-8-131 or if its execution complies with the law at the time of execution of the place where the will is executed, or with the law of the place where at the time of […]
Section 43-8-136 – Revocation by Writing or by Act; When Witnesses Required.
Section 43-8-136 Revocation by writing or by act; when witnesses required. (a) A will or any part thereof is revoked by a subsequent will which revokes the prior will or part expressly or by inconsistency. (b) A will is revoked by being burned, torn, canceled, obliterated, or destroyed, with the intent and for the purpose […]
Section 43-8-137 – Revocation by Divorce or Annulment; Revival by Remarriage; No Revocation by Other Changes or Circumstances.
Section 43-8-137 Revocation by divorce or annulment; revival by remarriage; no revocation by other changes or circumstances. If after executing a will the testator is divorced or his marriage 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 […]
Section 43-8-138 – When Will Revived on Revocation of Subsequent Will.
Section 43-8-138 When will revived on revocation of subsequent will. (a) If a second will which, had it remained effective at death, would have revoked the first will in whole or in part, is thereafter revoked by acts under section 43-8-136, the first will is revoked in whole or in part unless it is evident […]