Some Nonstandard Wills

Do all wills have to follow these formalities? No. Depending on the state, the law might recognize certain kinds of other wills. However, don’t rely on the fact that one of these alternatives might be valid. You’re always safest with a written will that’s properly signed and witnessed.

• Oral wills are permissible in a few states, sometimes under very limited circumstances, such as when they are uttered in your final illness. Also, oral wills often apply only to personal property.



• Handwritten, unwitnessed wills are valid in about half the states and effective to dispose of all kinds of property, real and personal. Nonetheless, they’re not recommended. Since they rarely follow legal formalities, it’s sometimes hard to prove that they are intended to be wills, or intended to be your last will, and they are vulnerable to fraud and they often don’t cover all the will maker’s assets.



• Soldiers’ and seamen’s wills are permitted by about half the states. They allow people actually serving in the armed forces to dispose of their wages and personal property orally or in an informal written document. Often they’re only valid during wartime, when the will maker is in a hostile zone, and they usually cease to be valid after a certain time that varies by state.

Another Alternative

Statutory wills are another alternative available in a few states. A statutory will is a form that has been created by a state statute. Since the statutory will includes all the formalities, all you have to do is get a copy at a stationery store, fill it out, have it witnessed, and you have a valid will. Unfortunately, these wills are very limited. They usually assume you want to leave everything to your spouse and children and provide for few other gifts. And you must follow the form--they can’t legally be changed.