Legislation
SECTION 3-2.2
Nuncupative and holographic wills
Estates, Powers & Trusts (EPT) CHAPTER 17-B, ARTICLE 3, PART 2
§ 3-2.2 Nuncupative and holographic wills
(a) For the purposes of this section, and as used elsewhere in this
chapter:
(1) A will is nuncupative when it is unwritten, and the making thereof
by the testator and its provisions are clearly established by at least
two witnesses.
(2) A will is holographic when it is written entirely in the
handwriting of the testator, and is not executed and attested in
accordance with the formalities prescribed by 3-2.1.
(b) A nuncupative or holographic will is valid only if made by:
(1) A member of the armed forces of the United States while in actual
military or naval service during a war, declared or undeclared, or other
armed conflict in which members of the armed forces are engaged.
(2) A person who serves with or accompanies an armed force engaged in
actual military or naval service during such war or other armed
conflict.
(3) A mariner while at sea.
(c) A will authorized by this section becomes invalid:
(1) If made by a member of the armed forces, upon the expiration of
one year following his discharge from the armed forces.
(2) If made by a person who serves with or accompanies an armed force
engaged in actual military or naval service, upon the expiration of one
year from the time he has ceased serving with or accompanying such armed
force.
(3) If made by a mariner while at sea, upon the expiration of three
years from the time such will was made.
(d) If any person described in paragraph (c) lacks testamentary
capacity at the expiration of the time limited therein for the validity
of his will, such will shall continue to be valid until the expiration
of one year from the time such person regains testamentary capacity.
(e) Nuncupative and holographic wills, as herein authorized, are
subject to the provisions of this chapter to the extent that such
provisions can be applied to such wills consistently with their
character, or to the extent that any such provision expressly provides
that it is applicable to such wills.
(a) For the purposes of this section, and as used elsewhere in this
chapter:
(1) A will is nuncupative when it is unwritten, and the making thereof
by the testator and its provisions are clearly established by at least
two witnesses.
(2) A will is holographic when it is written entirely in the
handwriting of the testator, and is not executed and attested in
accordance with the formalities prescribed by 3-2.1.
(b) A nuncupative or holographic will is valid only if made by:
(1) A member of the armed forces of the United States while in actual
military or naval service during a war, declared or undeclared, or other
armed conflict in which members of the armed forces are engaged.
(2) A person who serves with or accompanies an armed force engaged in
actual military or naval service during such war or other armed
conflict.
(3) A mariner while at sea.
(c) A will authorized by this section becomes invalid:
(1) If made by a member of the armed forces, upon the expiration of
one year following his discharge from the armed forces.
(2) If made by a person who serves with or accompanies an armed force
engaged in actual military or naval service, upon the expiration of one
year from the time he has ceased serving with or accompanying such armed
force.
(3) If made by a mariner while at sea, upon the expiration of three
years from the time such will was made.
(d) If any person described in paragraph (c) lacks testamentary
capacity at the expiration of the time limited therein for the validity
of his will, such will shall continue to be valid until the expiration
of one year from the time such person regains testamentary capacity.
(e) Nuncupative and holographic wills, as herein authorized, are
subject to the provisions of this chapter to the extent that such
provisions can be applied to such wills consistently with their
character, or to the extent that any such provision expressly provides
that it is applicable to such wills.