Oregon's Requirements for a Will
Oregon's Requirements for a Will
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Oregon's Requirements for a Will

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Summary of Oregon'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 Oregon's Will Requirements:

 

Who may make a will

Any person who is 18 years of age or older or who has been lawfully married, and who is of sound mind, may make a will.

Oregon Revised Statutes, 112.225

 

Intention of testator expressed in will as controlling

The intention of a testator as expressed in the will of the testator controls the legal effect of the dispositions of the testator. The rules of construction expressed in this section, ORS 112.230 and 112.410 apply unless a contrary intention is indicated by the will.

Oregon Revised Statutes, 112.227

 

Local law of state selected by testator controlling unless against public policy

The meaning and legal effect of a disposition in a will shall be determined by the local law of a particular state selected by the testator in the instrument of the testator unless the application of that law is contrary to the public policy of this state.

Oregon Revised Statutes, 112.230

 

Execution of a will

A will shall be in writing and shall be executed with the following formalities:

(1) The testator, in the presence of each of the witnesses, shall:

(a) Sign the will; or

(b) Direct one of the witnesses or some other person to sign thereon the name of the testator; or

(c) Acknowledge the signature previously made on the will by the testator or at the testator’s direction.

(2) Any person who signs the name of the testator as provided in subsection (1)(b) of this section shall sign the signer’s own name on the will and write on the will that the signer signed the name of the testator at the direction of the testator.

(3) At least two witnesses shall each:

(a) See the testator sign the will; or

(b) Hear the testator acknowledge the signature on the will; and

(c) Attest the will by signing the witness’ name to it.

(4) A will executed in compliance with the Uniform International Wills Act shall be deemed to have complied with the formalities of this section.

Oregon Revised Statutes, 112.235

 

Witness as beneficiary

A will attested by an interested witness is not thereby invalidated. An interested witness is one to whom is devised a personal and beneficial interest in the estate.

Oregon Revised Statutes, 112.245

 

Validity of execution of a will

(1) A will is lawfully executed if it is in writing, signed by or at the direction of the testator and otherwise executed in accordance with the law of:

(a) This state at the time of execution or at the time of death of the testator; or

(b) The domicile of the testator at the time of execution or at the time of the testator’s death; or

(c) The place of execution at the time of execution.

(2) A will is lawfully executed if it complies with the Uniform International Wills Act.

Oregon Revised Statutes, 112.255

 

[Reference - Oregon Requirements for a Will]

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