Minnesota

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

§524.2-501, et seq.

Operative Facts

1. Must be a competent adult
2. document must be signed by declarant
3. signed by 2 witnesses or notary public
4. must state preference regarding artificial administration of nutrition and hydration or give decision to proxy
5. must be in substantially the statutory form of §145B.04
6. operative when delivered to physician or health care provider
7. not given effect if patient is pregnant and it is possible that fetus could develop to live birth with continued treatment

Age of Testator

18 years or older and of sound mind

Number of Witnesses Required

Signed by at least two persons, each of whom signed within a reasonable time after witnessing either the signing or testators acknowledgment of signature or of will.

Oral Will Recognition

Not recognized

Holographic Will Recognition

Not recognized