Section 43-8-130 – Who May Make a Will.

Section 43-8-130 Who may make a will. Any person 18 or more years of age who is of sound mind may make a will. (Acts 1982, No. 82-399, §2-501.)

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 43-8-132 – 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 43-8-133 – 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 […]

Section 43-8-139 – Incorporation by Reference.

Section 43-8-139 Incorporation by reference. Any writing in existence when a will is executed may be incorporated by reference if the language of the will manifests this intent and describes the writing sufficiently to permit its identification. (Acts 1982, No. 82-399, §2-510.)

Section 43-8-140 – Testamentary Additions to Trusts.

Section 43-8-140 Testamentary additions to trusts. A devise or bequest, the validity of which is determinable by the law of this state, may be made by a will to the trustee of a trust established or to be established by the testator and some other person or by some other person (including a funded or […]

Section 43-8-141 – Reference to Events of Independent Significance.

Section 43-8-141 Reference to events of independent significance. A will may dispose of property by reference to acts and events which have significance apart from their effect upon the dispositions made by the will, whether they occur before or after the execution of the will or before or after the testator’s death. The execution or […]