Legislation

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.

PART 6. ELECTRONIC WILLS
Section 3-6.1 Short title

3-6.2 Definitions

3-6.3 Law applicable to electronic will; principles of equity

3-6.4 Choice of law regarding execution

3-6.5 Caution to testator

3-6.6 Execution of electronic will

3-6.7 Revocation

3-6.8 Electronic will attested and made self-proving at time of

execution

3-6.9 Filing of an electronic will