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To be valid, a testament must be fully handwritten and signed by its author, as well as signed by three witnesses. The law also allows for typed wills signed by three witnesses. If a handwritten will does not have the requisite witness signatures, it can be still accepted as valid at the judge's discretion, as per article 1879. [35] [36]
(2) that, in the presence of both witnesses, the testator signed or acknowledged the signature already made or directed another to sign for the testator in the testator's presence; (3) that the testator executed the will as a free and voluntary act for the purposes expressed in it;
The testator must sign and date the will, usually in the presence of at least two disinterested witnesses (persons who are not beneficiaries). There may be extra witnesses, these are called "supernumerary" witnesses, if there is a question as to an interested-party conflict.
It also usually must be notarized and/or signed in front of a witness for it to be recorded — although the rules do vary by location. If a deed isn’t carried out in accordance with local laws ...
It is usual for the testator and the witnesses to sign every sheet. Gifts to a witness or the husband or wife of a witness are void. A will is revoked by a later will, or by destruction with the intention of revoking, but not by presumption arising from an alteration in circumstances. Alterations in a will must be executed and attested as a will.
An oral will (or nuncupative will) is a will that has been delivered orally (that is, in speech) to witnesses, as opposed to the usual form of wills, which is written and according to a proper format. A minority of U.S. states (approximately 20 as of 2009), permit nuncupative wills under certain circumstances.
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