What are the requirements for a valid will?
In Rhode Island, a valid will must be made in writing and signed by the testator (the person making the will), or by someone else competent to do so in his/her presence and by the testator’s direction. Two witnesses must also be present, and each must sign the will in the presence of the testator. A valid will must also clearly express the testator’s wishes as to his/her estate. Specifically, a will must name the beneficiaries, who are the people or organizations that the testator wants to receive their property. Additionally, the will must name an executor who is in charge of carrying out the testator’s wishes. Finally, the will must be dated and signed in the presence of all witnesses. There are some limited exceptions to the above requirements. For instance, if the testator is of sound mind and over 18 years old, they can make a nuncupative will, which is an oral will that is made in front of two witnesses. However, this type of will is only valid if the testator is in imminent danger of death due to a medical condition or military service. It is important to note that in Rhode Island, a will must be notarized in order to be legally valid.
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