How to Make a Valid Will in Vermont
What Vermont law requires for a valid will: age, signing, witnesses, handwritten wills and self-proving affidavits.
Short answer: A person who is 18 or older (or emancipated by court order) and of sound mind may make a will. The will must be in writing and signed by the testator, or by another person in the testator's presence at the testator's express direction, in the presence of two or more credible witnesses. 14 V.S.A. § 1; 14 V.S.A. § 5; 14 V.S.A. § 7; 14 V.S.A. § 10
| Requirements for a valid will | A person who is 18 or older (or emancipated by court order) and of sound mind may make a will. The will must be in writing and signed by the testator, or by another person in the testator's presence at the testator's express direction, in the presence of two or more credible witnesses. The witnesses must attest and sign the will in the testator's presence and in each other's presence. A gift to a witness (or the witness's spouse) is voidable unless there are two other competent witnesses. Military wills prepared under federal law are also valid. |
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| Handwritten (holographic) wills | No. Vermont law has no exception for handwritten, unwitnessed wills; a handwritten will is valid only if it is signed and witnessed by two witnesses like any other will. Source: 14 V.S.A. § 5 |
| Self-proving affidavit | Yes. A will may be made self-proved by a sworn acknowledgment of the testator and the witnesses before a notary public or other officer authorized to administer oaths where the will is signed. It states that the testator signed (or directed another to sign) in the presence of two witnesses as a free and voluntary act, that each witness signed at the testator's request in the presence of the testator and the other witness, and that, to the witnesses' knowledge, the testator was 18 or emancipated, of sound mind, and free of constraint or undue influence. Source: 14 V.S.A. § 108 |
More Vermont estate law
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- Who Inherits If You Die Without a Will in Vermont
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- Living Wills and Advance Directives in Vermont
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- Letters Testamentary in Vermont
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- All Vermont wills, probate and estate rules
FAQ
What makes a will valid in Vermont?
A person who is 18 or older (or emancipated by court order) and of sound mind may make a will. The will must be in writing and signed by the testator, or by another person in the testator's presence at the testator's express direction, in the presence of two or more credible witnesses. The witnesses must attest and sign the will in the testator's presence and in each other's presence. A gift to a witness (or the witness's spouse) is voidable unless there are two other competent witnesses. Military wills prepared under federal law are also valid.
Is a handwritten will valid in Vermont?
No. Vermont law has no exception for handwritten, unwitnessed wills; a handwritten will is valid only if it is signed and witnessed by two witnesses like any other will.
Does a will need to be notarized in Vermont?
Yes. A will may be made self-proved by a sworn acknowledgment of the testator and the witnesses before a notary public or other officer authorized to administer oaths where the will is signed. It states that the testator signed (or directed another to sign) in the presence of two witnesses as a free and voluntary act, that each witness signed at the testator's request in the presence of the testator and the other witness, and that, to the witnesses' knowledge, the testator was 18 or emancipated, of sound mind, and free of constraint or undue influence.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.