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2007 SESSION

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HB 3205 Wills; writings or documents of decedents.

Introduced by: Ward L. Armstrong | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Wills; writings intended as wills.  States that if a document is not in compliance with the requirements of executing a will, the document can still be valid as a will if the proponent proves by clear and convincing evidence that the decedent intended the document to be (i) the decedent's will, (ii) a partial or complete revocation of the will, (iii) an addition to or alteration of the will, or (iv) a partial or complete revival of a formerly revoked will or portion thereof. The remedy provided for in this bill may not be used to excuse any failure to comply with the requirement for a testator's signature, except where two persons mistakenly sign each other's will, or a person signs the self-proving certificate to a will instead of the will itself. The remedy is also only available in proceedings filed in the appropriate circuit court within one year after the decedent's death, and where all interested persons are made parties to the proceedings.

SUMMARY AS PASSED HOUSE:

Wills; writings intended as wills.  States that if a document is not in compliance with the requirements of executing a will, the document can still be valid as a will if the proponent proves by clear and convincing evidence that the decedent intended the document to be (i) the decedent's will, (ii) a partial or complete revocation of the will, (iii) an addition to or alteration of the will, or (iv) a partial or complete revival of a formerly revoked will or portion thereof. The remedy provided for in this bill may not be used to excuse any failure to comply with the requirement for a testator's signature, except where two persons mistakenly sign each other's will, or signs the self-proving certificate to a will instead of the will itself. The remedy is also only available in proceedings filed in the appropriate circuit court within one year after the decedent's death, and where all interested persons are made parties to the proceedings. The provisions of this bill apply to all documents of decedents who died on or after July 1, 1998, regardless of when the documents came into existence.

SUMMARY AS INTRODUCED:

Wills.  Writings intended as.