Minnesota's Requirements for a Will
Minnesota's Requirements for a Will
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Minnesota's Requirements for a Will

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Summary of Minnesota's Will Requirements:

Minimum Age to Make a Will 18
Written Document Required Yes
Nuncupative Wills (Oral) No
Holographic Wills (Hand-Written, Unwitnessed) No
Number of Witnesses Required 2
Self-Proving Affidavit Allowed
Statutory Form for Self-Proving Affidavit Yes

 

 

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Statutes Governing Minnesota's Will Requirements:

 

Who may make a will

Any person 18 or more years of age who is of sound mind may make a will.

Minnesota Statutes, s. 524.2-501

 

Execution; witnessed wills

Except as provided in sections 524.2-506 and 524.2-513, a will must be:

(1) in writing;

(2) signed by the testator or in the testator's name by some other individual in the testator's conscious presence and by the testator's direction or signed by the testator's conservator pursuant to a court order under section 524.5-411; and

(3) signed by at least two individuals, each of whom signed within a reasonable time after witnessing either the signing of the will as described in clause (2) or the testator's acknowledgment of that signature or acknowledgment of the will.

Minnesota Statutes, s. 524.2-502

 

Self-proved will

(a) A will may be contemporaneously 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 in which execution occurs and evidenced by the officer's certificate, under official seal, in substantially the following form:

I, ............, the testator, sign my name to this instrument this ... day of ............, and being first duly sworn, do hereby declare to the undersigned authority that I sign and execute this instrument as my will and that I sign it willingly (or willingly direct another to sign for me), that I execute it as my free and voluntary act for the purposes therein expressed, and that I am 18 years of age or older, of sound mind, and under no constraint or undue influence.

........................ Testator

We, ............, ............, the witnesses, sign our names to this instrument, being first duly sworn, and do hereby declare to the undersigned authority that the testator signs and executes this instrument as the testator's will and that the testator signs it willingly (or willingly directs another to sign for the testator), and that each of us, in the presence and hearing of the testator, hereby signs this will as witness to the testator's signing, and that to the best of our knowledge the testator is 18 years of age or older, of sound mind, and under no constraint or undue influence.

...............................
Witness

...............................
Witness


State of ................

County of ...............

Subscribed, sworn to, and acknowledged before me by ............, the testator, and subscribed and sworn to before me by ............, and ............, witnesses, this ... day of ........, .... .

(Seal)

(Signed)......................................

...................................................
(Official capacity of officer)

(b) An attested will may be made self-proved at any time after its execution by the acknowledgment thereof by the testator and the affidavits of the witnesses, each made before an officer authorized to administer oaths under the laws of the state in which the acknowledgment occurs and evidenced by the officer's certificate, under the official seal, attached or annexed to the will in substantially the following form:

State of ................

County of ...............

We, ............, ............, and ............, the testator and the witnesses, respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the testator signed and executed the instrument as the testator's will and that the testator had signed willingly (or willingly directed another to sign for the testator), and that the testator executed it as the testator's free and voluntary act for the purposes therein expressed, and each of the witnesses, in the presence and hearing of the testator, signed the will as witness and that to the best of the witness' knowledge the testator was at the time 18 years of age or older, of sound mind, and under no constraint or undue influence.

.............................
Testator

.............................
Witness

.............................
Witness


Subscribed, sworn to, and acknowledged before me by ............, the testator, and subscribed and sworn to before me by ............, and ............, witnesses, this ... day of .........., .... .

(Seal)

(Signed)..........................

.......................................
(Official capacity of officer)

(c) A signature affixed to a self-proving affidavit attached to a will is considered a signature affixed to the will, if necessary to prove the will's due execution.

Minnesota Statutes, s. 524.2-504

 

Who may witness

(a) An individual generally competent to be a witness may act as a witness to a will.

(b) The signing of a will by an interested witness does not invalidate the will or any provision of it.

Minnesota Statutes, s. 524.2-505

 

Choice of law as to execution

A written will is valid if executed in compliance with section 524.2-502 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 the time of death the testator is domiciled, has a place of abode or is a national.

Minnesota Statutes, s. 524.2-506

 

[Reference - Minnesota Requirements for a Will]

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