4 formalities military testamentary instrument
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4. Formalities Military Testamentary Instrument PowerPoint PPT Presentation


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4. Formalities Military Testamentary Instrument. Generally. Basic Idea. If will executed with formalities specified by federal law, deemed to satisfy formalities of all states. Policy.

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4. Formalities Military Testamentary Instrument

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4 formalities military testamentary instrument

4. FormalitiesMilitary Testamentary Instrument


Generally

Generally


Basic idea

Basic Idea

  • If will executed with formalities specified by federal law, deemed to satisfy formalities of all states.


Policy

Policy

  • Allow JAGs to prepare wills for service members without hassling with particular requirements of each state.


Issue

Issue

  • Does it violate 10th Amendment?


4 formalities statutory wills

4. FormalitiesStatutory Wills


Wills forms provided by state law

Wills forms provided by state law

  • California, Maine, Michigan, Wisconsin


4 formalities notarized will

4. FormalitiesNotarized Will


Upc 2 502 a 3

UPC § 2-502(a)(3)

  • If notarized (acknowledged), no witnesses needed even if not handwritten

  • Just a few states have enacted:

    • Colorado

    • Massachusetts

    • North Dakota


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