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WRITING A WILL Oral and handwritten wills are generally not accepted as legal documents in the state of Rhode Island, so it is important to make sure your will is legally viable. Depending upon your estate planning goals, our firm can help counsel you as to the best approach for your estate.
Does a Will Have to Be Probated in Rhode Island? A will must be filed with the court whenever a person dies. It doesnt matter whether the estate will go through probate. The purpose of filing the will is to ensure it is valid and that the decedents wishes are honored.
Divorce proceedings can also impact your will. If you and your spouse divorce, any language involving your former partner is automatically revoked in the state of Rhode Island. If large swaths of your will include your spouse, this can mean a large portion of your will is suddenly invalid.
Your options for writing your own will As long as it was properly signed and witnessed by two adult independent witnesses who are present at the time you sign your will, it should be legally binding.
Does divorce nullify a will? Divorce does not automatically cancel your existing will, nor does it reinstate your will from before you were married. Your current will remains valid after your divorce is finalised but, if your former partner is named in your will, they will be treated as if they died before you.

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Wills Law in Rhode Island: Overview Code Section33-5-2, et seq.Age of Testator18 years or older and of sane mindNumber of WitnessesMust 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.2 more rows May 16, 2022
Witnesses: A Rhode Island will must be signed by at least two individuals present at the same time who subscribe to the will in the presence of the testator.
WRITING A WILL Oral and handwritten wills are generally not accepted as legal documents in the state of Rhode Island, so it is important to make sure your will is legally viable. Depending upon your estate planning goals, our firm can help counsel you as to the best approach for your estate.
You can make your own will in Rhode Island, using Nolos Quicken WillMaker. However, you may want to consult a lawyer in some situations. For example, if you think that your will might be contested or if you want to disinherit your spouse, you should talk with an attorney.
Once your divorce has been finalised, your will remains valid. However, former spouses named in wills are treated as having died before the person who made the will. Therefore, if you made any gifts to your former spouse in the will, then these will fail. While this is often what is desired, it is not always the case.

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