Legislation
ARTICLE 3
Substantive Law of Wills
Estates, Powers & Trusts (EPT) CHAPTER 17-B
ARTICLE 3
SUBSTANTIVE LAW OF WILLS
PART 1. WHO MAY MAKE AND RECEIVE TESTAMENTARY DISPOSITIONS
OF PROPERTY; WHAT PROPERTY MAY BE DISPOSED OF BY WILL
Section 3-1.1 Who may make wills of, and exercise testamentary powers of
appointment over property.
3-1.2 What property may be disposed of by will.
3-1.3 Who may receive testamentary dispositions of property;
testamentary dispositions to unincorporated
associations.
PART 2. EXECUTION OF WILLS
Section 3-2.1 Execution and attestation of wills; formal requirements.
3-2.2 Nuncupative and holographic wills.
PART 3. RULES GOVERNING TESTAMENTARY DISPOSITIONS
Section 3-3.1 What a testamentary disposition includes.
3-3.2 Competence of attesting witness who is beneficiary;
application to nuncupative will.
3-3.3 Disposition to issue or brothers or sisters of testator
not to lapse; application to class dispositions.
3-3.4 Consequences of partly ineffective testamentary
dispositions of property to two or more residuary
beneficiaries.
3-3.5 Conditions qualifying dispositions; conditions against
contest; limitation thereon.
3-3.6 Encumbrances on property of decedent or on proceeds of
insurance policy on life of decedent not chargeable
against assets of decedent's estate.
3-3.7 Testamentary disposition to trustee under, or in
accordance with terms of existing inter vivos trust.
3-3.8 Validity of a purchase of real property notwithstanding
its disposition by will.
3-3.9 Testamentary direction to purchase annuities.
PART 4. REVOCATION OF WILLS AND RELATED SUBJECTS
Section 3-4.1 Revocation of wills; effect on codicils.
3-4.2 Agreement to convey property previously disposed of by
will not a revocation.
3-4.3 Revocatory effect of a conveyance, settlement or other act
affecting property previously disposed of by will.
3-4.4 Conveyance of property of an incompetent or conservatee,
previously disposed of specifically by will, not
revocation or ademption.
3-4.5 Insurance proceeds from specific disposition not subject
to ademption.
3-4.6 Revocation or alteration of later will not to revive prior
will or any provisions thereof.
PART 5. RULES GOVERNING WILLS HAVING
RELATION TO ANOTHER JURISDICTION
Section 3-5.1 Formal validity, intrinsic validity, effect,
interpretation, revocation or alteration of testamentary
dispositions of, and exercise of testamentary powers of
appointment over property by wills having relation to
another jurisdiction.
SUBSTANTIVE LAW OF WILLS
PART 1. WHO MAY MAKE AND RECEIVE TESTAMENTARY DISPOSITIONS
OF PROPERTY; WHAT PROPERTY MAY BE DISPOSED OF BY WILL
Section 3-1.1 Who may make wills of, and exercise testamentary powers of
appointment over property.
3-1.2 What property may be disposed of by will.
3-1.3 Who may receive testamentary dispositions of property;
testamentary dispositions to unincorporated
associations.
PART 2. EXECUTION OF WILLS
Section 3-2.1 Execution and attestation of wills; formal requirements.
3-2.2 Nuncupative and holographic wills.
PART 3. RULES GOVERNING TESTAMENTARY DISPOSITIONS
Section 3-3.1 What a testamentary disposition includes.
3-3.2 Competence of attesting witness who is beneficiary;
application to nuncupative will.
3-3.3 Disposition to issue or brothers or sisters of testator
not to lapse; application to class dispositions.
3-3.4 Consequences of partly ineffective testamentary
dispositions of property to two or more residuary
beneficiaries.
3-3.5 Conditions qualifying dispositions; conditions against
contest; limitation thereon.
3-3.6 Encumbrances on property of decedent or on proceeds of
insurance policy on life of decedent not chargeable
against assets of decedent's estate.
3-3.7 Testamentary disposition to trustee under, or in
accordance with terms of existing inter vivos trust.
3-3.8 Validity of a purchase of real property notwithstanding
its disposition by will.
3-3.9 Testamentary direction to purchase annuities.
PART 4. REVOCATION OF WILLS AND RELATED SUBJECTS
Section 3-4.1 Revocation of wills; effect on codicils.
3-4.2 Agreement to convey property previously disposed of by
will not a revocation.
3-4.3 Revocatory effect of a conveyance, settlement or other act
affecting property previously disposed of by will.
3-4.4 Conveyance of property of an incompetent or conservatee,
previously disposed of specifically by will, not
revocation or ademption.
3-4.5 Insurance proceeds from specific disposition not subject
to ademption.
3-4.6 Revocation or alteration of later will not to revive prior
will or any provisions thereof.
PART 5. RULES GOVERNING WILLS HAVING
RELATION TO ANOTHER JURISDICTION
Section 3-5.1 Formal validity, intrinsic validity, effect,
interpretation, revocation or alteration of testamentary
dispositions of, and exercise of testamentary powers of
appointment over property by wills having relation to
another jurisdiction.