District Of Columbia

Overview

Here you will find what is required by state when making a living will. You will also find whether or not this specific state accepts oral or written wills.

Some key terms to keep in mind:

Testator: One who makes or has made a will; one who dies leaving a will.
Holographic Will: A will and testament that has been entirely handwritten and signed by the testator.
Oral Will: An oral will (or "nuncupative" will) is a will that has been delivered orally (that is, in speech) to witnesses, as opposed to the usual form of wills, which is written and according to a proper format.

State Requirements and Will Type Recognition

Code Section

18-102, et seq

Operative Facts

1. Must be at least 18 years old
2. document must be made in writing
3. document must be dated
4. document must be signed
5. signature must be made in presence of 2 or more witnesses over 18
6. declaration should be in substantially the statutory form of §6-2422

Age of Testator

18 years or older and of sound and disposing mind and capable of executing a valid deed or contract

Number of Witnesses Required

Attested and subscribed in presence of testator by two credible witnesses.

Oral Will Recognition

Oral will made after 1/ 1/1902 is not valid except that person in actual military or naval service or mariner at sea may create oral will if (a) oral will is proved by at least 2 individuals present at the making and were requested by the testator to bear witness that oral disposition was the last will and (b) will made during time of last illness of deceased and (c) substance of will reduced to writing 10 days after it was made

Holographic Will Recognition

Attested and subscribed in the presence of testator by 2 witnesses, although they need not sign in each other’s presence or physically observe each other’s signature.