Search OpenLegislation Statutes

This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
Competence of attesting witness who is beneficiary; application
Estates, Powers & Trusts (EPT) CHAPTER 17-B, ARTICLE 3, PART 3
§ 3-3.2 Competence of attesting witness who is beneficiary; application

to nuncupative will

(a) An attesting witness to a will to whom a beneficial disposition or
appointment of property is made is a competent witness and compellable
to testify respecting the execution of such will as if no such
disposition or appointment had been made, subject to the following:

(1) Any such disposition or appointment made to an attesting witness
is void unless there are, at the time of execution and attestation, at
least two other attesting witnesses to the will who receive no
beneficial disposition or appointment thereunder.

(2) Subject to subparagraph (1), any such disposition or appointment
to an attesting witness is effective unless the will cannot be proved
without the testimony of such witness, in which case the disposition or
appointment is void.

(3) Any attesting witness whose disposition is void hereunder, who
would be a distributee if the will were not established, is entitled to
receive so much of his intestate share as does not exceed the value of
the disposition made to him in the will, such share to be recovered as

(A) In case the void disposition becomes part of the residuary
disposition, from the residuary disposition only.

(B) In case the void disposition passes in intestacy, ratibly from the
distributees who succeed to such interest. For this purpose, the void
disposition shall be distributed under 4-1.1 as though the attesting
witness were not a distributee.

(b) The provisions of this section apply to witnesses to a nuncupative
will authorized by 3-2.2.