§2-501. Who may make a will An individual of sound mind who is 18 or more years of age or a legally emancipated minor may make a will. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] SECTION HISTORY PL 2017, c. 402, Pt. A, §2 (NEW). […]
§2-502. Execution; holographic wills 1. Witnessed wills. Except as otherwise provided in subsection 2 and in sections 2‑505 and 2‑512, a will must be: A. In writing; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] B. Signed by the testator or in the testator’s name […]
§2-503. Self-proved will 1. Self-proved at execution. 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 evidenced by the officer’s certificate in substantially the […]
§2-504. Who may witness a will 1. Witness. An individual generally competent to be a witness may act as a witness to a will. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] 2. Interested witness. The signing of a will by an interested witness does not […]
§2-505. Choice of law as to execution A written will is valid if executed in compliance with section 2-502 or if its execution complies with the law at the time of execution of the place where the will is executed, or of the law of the place where at the time of execution or at […]
§2-506. Revocation by writing or by act 1. Revocation. A will or any part thereof is revoked: A. By the execution of a subsequent will that revokes the previous will or part expressly or by inconsistency; or [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] […]
§2-507. Revocation by change of circumstances Except as provided in sections 2‑802, 2‑803 and 2‑804, a change of circumstances does not revoke a will or any part of it. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] SECTION HISTORY PL 2017, c. 402, Pt. A, §2 […]
§2-508. Revival of revoked will 1. Subsequent will revoked by revocatory act; wholly revoked previous will. If a subsequent will that wholly revoked a previous will is thereafter revoked by a revocatory act under section 2‑506, subsection 1, paragraph B, the previous will remains revoked unless it is revived. The previous will is revived if […]
§2-509. 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. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] SECTION HISTORY […]
§2-510. Uniform Testamentary Additions to Trusts Act 1. Devise to a trust. A will may validly devise property to the trustee of a trust established or to be established: A. During the testator’s lifetime by the testator, by the testator and some other person or by some other person, including a funded or unfunded […]
§2-511. Events of independent significance A will may dispose of property by reference to acts and events that 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 revocation of a […]
§2-512. Separate writing identifying devise of certain types of tangible personal property Whether or not the provisions relating to holographic wills apply, a will may refer to a written statement or list to dispose of items of tangible personal property not otherwise specifically disposed of by the will, other than money. To be admissible under […]
§2-513. Contracts concerning succession A contract to make a will or devise, or not to revoke a will or devise, or to die intestate, if executed after September 1, 2019, can be established only by: [PL 2019, c. 417, Pt. B, §2 (AMD).] 1. Material provisions. Provisions of a will stating material provisions of […]
§2-514. Disposition of will deposited with court A will deposited for safekeeping with the court in the office of the register before September 19, 1997 may be delivered only to the testator or to a person authorized in writing signed by the testator to receive the will. A conservator may be allowed to examine a […]
§2-515. Duty of custodian of will; liability After the death of a testator, a person having custody of a will of the testator shall deliver it with reasonable promptness to a person able to secure its probate or, if no such person is known, to an appropriate court for filing and recording until probate is […]
§2-516. Penalty clause for contest A provision in a will purporting to penalize an interested person for contesting the will or instituting other proceedings relating to the estate is unenforceable if probable cause exists for instituting proceedings. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] SECTION […]
§2-517. Statutory wills 1. Form. Any person may execute a will on the following form, and the will must be presumed to be reasonable. This section does not limit any spousal rights, rights to exempt property or other rights set forth elsewhere in this Code. Maine Statutory Will NOTICE TO THE PERSON WHO SIGNS […]
