Constructing a will that abides by Idaho's Uniform Probate Code is crucial in order to ensure the will is executed according to the testator's wishes. Idaho requires its residents be at least eighteen years old and of sound mind when they create the will. Even though Idaho recognizes the validity of handwritten wills, also known as holographic wills, writing a will under the guidance of an experienced probate attorney will reduce the chances of the will being contested in probate court.
Construction of an Idaho Will
The will must be written in order to be legally valid. The document should clearly state that the writing is the last will and testament of the testator. Provide a description of any assets that will be distributed, such as a legal description of real property or other types personal property. List the names of the recipients who will get the various assets.
Include the name of the executor of the will. An alternate executor should be named in case the original executor is not available or is unable to carry out the terms of the will once it becomes effective. Alternate heirs should also be listed in the will in case any of recipients die prior to the execution of the will.
Signatures Required on the Idaho Will
The testator must sign and date the will in the presence of two witnesses. The witnesses must proceed to sign and date the document as well. If the testator is unable to sign the will, he can direct another person to sign the will on his behalf and in his presence.
Two witnesses who sign the will must see the other person sign the will under the testator's direction; witness the testator's acknowledgment of the other person's signature; or witness the testator acknowledge the validity of the signed will. Any witnesses must be at least eighteen years old and of sound mind, according to Idaho Code Section 15-2-505.
Holographic Wills Accepted in Idaho
Holographic wills are handwritten wills. Typically, holographic wills are written without the assistance of an attorney. Idaho Code Section 15-2-503 requires the contents of the will and the signature be signed by the testator in order to be valid. Witnesses are not required to sign the holographic will if it is written and signed by the testator.
Self-Proved Wills in Idaho
A self-proved will is a will that contains affidavits from the testator and witnesses attesting to the validity of the will. The affidavits and signatures must be performed in front of a person authorized to administer oaths in Idaho, such as a licensed notary public. Self-proved wills are convenient because the witnesses do not have to appear in probate court in order for the will to be executed. Idaho Code Section 15-2-504 contains the language that must be used in the will when the oaths are being administered by the notary public.
Revocation of the Idaho Will
A testator can revoke a pre-existing will at any time. The entire will or a provision of the will can be changed or considered invalid by executing another will that expressly revokes the previous will. Physically destroying the previous will is another act of revocation that can be performed by the testator or by another person under the testator's direction.
Retaining a licensed Idaho probate attorney is advisable when creating a will. The attorney can make sure the document complies with all applicable probate laws and is constructed in a manner that accurately reflects the testator's wishes.
Source:
State of Idaho Legislature, Title 15 Uniform Probate Code (accessed December 17, 2010)
Pamela Parker - Pamela Parker is a freelance writer who enjoys writing about various legal issues. She received a Bachelor of Arts degree in sociology ...
Join the Conversation