How to Make a Valid Will in Vermont
Vermont has specific rules about who can make a will, how it must be signed, how many witnesses are needed, and whether notarization is required. Here's everything you need to know about creating a valid last will and testament in VT.
Vermont Will Requirements at a Glance
Who Can Make a Will in Vermont?
You must be at least 18 years old to make a will in Vermont. Emancipated minors may make a will (14 V.S.A. § 1). 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 person may sign in the testator's presence and by the testator's direction.
Witness Requirements in Vermont
Vermont requires 2 witnesses. Must be credible witnesses. Witnesses must sign in the presence of the testator AND in the presence of each other — Vermont is one of the few states requiring witnesses to sign in each other's presence.
Interested witnesses: A bequest to an attesting witness is void unless there are two other disinterested witnesses to the will
Notarization in Vermont
Notarization is not required for a will to be valid in Vermont. Not required for validity; recommended for self-proving affidavit
Self-Proving Affidavit
Vermont allows a self-proving affidavit, which simplifies probate by eliminating the need for witnesses to testify in court. Testator and witnesses sign a sworn affidavit before a notary public (14 V.S.A. § 5)
Handwritten (Holographic) Wills
Vermont does not recognize holographic wills. Holographic wills are not recognized in Vermont
Electronic Wills
Vermont does not currently recognize electronic wills. Vermont does not currently have an electronic wills statute
How to Revoke a Will in Vermont
In Vermont, a will can be revoked by:
- •Executing a subsequent will or codicil
- •Physical destruction (burning, tearing, canceling, obliterating) by the testator or someone in the testator's presence and at their direction
14 V.S.A. § 11
Special Provisions in Vermont
Vermont is a separate property/common law state. Surviving spouse has an elective share. Vermont requires witnesses to sign in each other's presence, which is stricter than most states. Vermont also recognizes civil unions and extends spousal rights to civil union partners
Relevant Vermont Statutes
- 14 V.S.A. § 1 (Who may make a will)
- 14 V.S.A. § 5 (Self-proved wills)
- 14 V.S.A. § 11 (Revocation)
- 14 V.S.A. § 319 (Waiver of will)
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