§2-502. Execution; holographic wills
1. Witnessed wills. Except as otherwise provided in subsection 2 and in sections 2‑505 and 2‑512, a will must be:
A. In writing; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
B. Signed by the testator or in the testator's name by some other individual in the testator's conscious presence and by the testator's direction; and [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
C. Signed by at least 2 individuals, each of whom signed within a reasonable time after the individual witnessed either the signing of the will as described in paragraph B or the testator's acknowledgment of that signature or acknowledgment of the will. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
2. Holographic wills. A will that does not comply with subsection 1 is valid as a holographic will, whether or not witnessed, if the signature and material portions of the document are in the testator's handwriting.
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
3. Extrinsic evidence. Intent that a document constitute the testator's will may be established by extrinsic evidence, including, for holographic wills, portions of the document that are not in the testator's handwriting.
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
SECTION HISTORY
PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
Structure Maine Revised Statutes
Article 2: INTESTACY, WILLS AND DONATIVE TRANSFERS
18-C §2-501. Who may make a will
18-C §2-502. Execution; holographic wills
18-C §2-504. Who may witness a will
18-C §2-505. Choice of law as to execution
18-C §2-506. Revocation by writing or by act
18-C §2-507. Revocation by change of circumstances
18-C §2-508. Revival of revoked will
18-C §2-509. Incorporation by reference
18-C §2-510. Uniform Testamentary Additions to Trusts Act
18-C §2-511. Events of independent significance
18-C §2-512. Separate writing identifying devise of certain types of tangible personal property
18-C §2-513. Contracts concerning succession
18-C §2-514. Disposition of will deposited with court
18-C §2-515. Duty of custodian of will; liability