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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. FormalitiesMilitary Testamentary Instrument


Generally


Basic Idea

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


Policy

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


Issue

  • Does it violate 10th Amendment?


4. FormalitiesStatutory Wills


Wills forms provided by state law

  • California, Maine, Michigan, Wisconsin


4. FormalitiesNotarized Will


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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