Sunday, March 15, 2015

SECTION 2-501. WHO MAY MAKE WILL. Uniform Probate Code

SECTION 2-501. WHO MAY MAKE WILL. Uniform Probate Code
An individual 18 or more years of age who is of sound mind may make a will.
Comment
This section states a uniform minimum age of eighteen for capacity to execute a will. “Minor” is defined in Section 1-201, and may involve an age different from that prescribed here. 
PART 5. WILLS, WILL CONTRACTS, AND CUSTODY AND DEPOSIT OF WILLS
GENERAL COMMENT
Part 5 of Article II was retitled in 1990 to reflect the fact that it now includes the provisions on will contracts (pre-1990 Section 2-701) and on custody and deposit of wills (pre- 1990 Sections 2-901 and 2-902).
Part 5 deals with capacity and formalities for execution and revocation of wills. The basic intent of the pre-1990 sections was to validate wills whenever possible. To that end, the minimum age for making wills was lowered to eighteen, formalities for a written and attested will were reduced, holographic wills written and signed by the testator were authorized, choice
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of law as to validity of execution was broadened, and revocation by operation of law was limited to divorce or annulment. In addition, the statute also provided for an optional method of execution with acknowledgment before a public officer (the self-proved will).
These measures have been retained, and the purpose of validating wills whenever possible has been strengthened by the addition of a new section, Section 2-503, which allows a will to be upheld despite a harmless error in its execution.

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