How to Make a Valid Will in Maine

Who Can Make a Will in Maine?

You must be at least 18 years old to make a will in Maine. Emancipated minors may make a will under Maine's UPC framework (18-C MRS § 2-501). The testator must be of sound mind, understanding the nature and extent of their property, the natural objects of their bounty, and the disposition being made

Signing Requirements

Must be in writing. Can be typed, printed, or handwritten. If you are physically unable to sign, Another individual may sign in the testator's conscious presence and by the testator's direction.

Witness Requirements in Maine

Maine requires 2 witnesses. Must be competent individuals who can observe and attest to the signing. Each witness must sign within a reasonable time after witnessing either the signing of the will or the testator's acknowledgment of the signature or the will.

Interested witnesses: An interested witness does not invalidate the will under Maine's UPC-based approach

Notarization in Maine

Notarization is not required for a will to be valid in Maine. Not required for validity; used for self-proving affidavit

Self-Proving Affidavit

Maine allows a self-proving affidavit, which simplifies probate by eliminating the need for witnesses to testify in court. Testator and witnesses sign an affidavit before an officer authorized to administer oaths (18-C MRS § 2-504)

Handwritten (Holographic) Wills

Maine does recognize holographic wills. Valid whether or not witnessed if the signature and material portions are in the testator's handwriting (18-C MRS § 2-502(b))

Electronic Wills

Maine does not currently recognize electronic wills. Maine does not currently have an electronic wills statute

How to Revoke a Will in Maine

In Maine, a will can be revoked by:

• •Executing a subsequent will that revokes the previous will expressly or by inconsistency
• •Performing a revocatory act on the will (burning, tearing, canceling, obliterating, or destroying) by the testator or by another in the testator's conscious presence and at their direction

18-C MRS § 2-507

Special Provisions in Maine

Maine is a separate property/common law state. Surviving spouse has an elective share right under 18-C MRS § 2-202. Maine adopted the Uniform Probate Code

Relevant Maine Statutes

• 18-C MRS § 2-501 (Who may make a will)
• 18-C MRS § 2-502 (Execution; witnessed or holographic wills)
• 18-C MRS § 2-504 (Self-proved will)
• 18-C MRS § 2-507 (Revocation by writing or by act)
• 18-C MRS § 2-202 (Elective share)