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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.
The basic requirements for a Rhode Island last will and testament include the following: Age: The testator must be at least 18 years old. Capacity: The testator must be of sane mind. Signature: The will must be signed by the testator or by someone else in the testators name in his presence, by his express direction.
A will must satisfy three basic requirements to be a legally binding document. It must be in writing. Generally, of course, wills are composed on a computer and printed out. The person who made it must have signed and dated it. Two adult witnesses must have signed it.
Validity and probate A holograph is only valid if you write it by hand and sign it yourself. You cannot use a typewriter, computer, or pre-existing form. After your death, your heirs will need to have your will probated by the Superior Court or a notary.
The basic requirements for a Rhode Island last will and testament include the following: Age: The testator must be at least 18 years old. Capacity: The testator must be of sane mind. Signature: The will must be signed by the testator or by someone else in the testators name in his presence, by his express direction.

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Your witnesses could be any two adults; friends, neighbours or co-workers. The witness cannot be a beneficiary of the will, the spouse of a beneficiary at the time of signing, or a minor. Each witness must be at least the age of majority and mentally sound.
Who can witness a will? Anyone 18 years and over can witness or sign a will, but importantly, a beneficiary cant witness a will, and neither can their spouse or civil partner. In many cases, people will ask a friend or work colleague to sign and witness the will.
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.
Who can witness a will? Anyone 18 years and over can witness or sign a will, but importantly, a beneficiary cant witness a will, and neither can their spouse or civil partner. In many cases, people will ask a friend or work colleague to sign and witness the will.
Rhode Island law dictates wills must be signed by the testator in the presence of at least two (2) competent and credible witnesses; both of whom will sign the document as well. Though optional, a testator can have their will acknowledged by an authorized notary public for an extra layer of legal protection.

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