Rhode Island Rhode Island Will Laws

  Rhode Island

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

33-5-2, et seq

Operative Facts

  1. Must be at least 18 years old
  2. document must be signed
  3. signatures must be in presence of 2 witnesses (suggested form ยง23-4.11-3(a))
  4. given no force or effect as long as live birth is probable for pregnant patient
  5. neither witness can be related to declarant

Age of Testator

18 years or older and of sane mind

Number of Witnesses Required

Must be signed or acknowledged by testator in front of two or more witnesses present at same time who must attest and subscribe will in presence of testator.

Oral Will Recognition

Not recognized except any soldier or airman in actual military service or any mariner or seaman at sea can dispose of his personal estate as he might have done under common law.

Holographic Will Recognition

Not recognized except any soldier or airman in actual military service or any mariner or seaman at sea can dispose of his personal estate as he might have done under common law.

** This Document Provided By Will Laws **
Source: http://www.will-laws.com/states/rhode-island/last-will-and-testament