Last Will and Testament in Vermont
A simple will form for straightforward estates. A will is valid only if it is signed and witnessed exactly as your state requires (below); one that is not executed correctly may be ignored by the court. Larger estates, blended families, trusts for minor children or business interests are worth a lawyer's review.
What Vermont law says
| 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. |
|---|---|
| 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 |
| 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 |
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LAST WILL AND TESTAMENT OF [your full name]
I, [your full name], of [city, county and state], being of sound mind, make this my will and revoke all earlier wills and codicils.
1. Executor. I name [executor name] as personal representative (executor). If they cannot serve, I name [alternate executor name].
2. Specific gifts. I give [item or amount] to [beneficiary name].
3. Everything else. I give the rest of my property to [beneficiaries and shares]. If a beneficiary does not survive me by 30 days, their share goes to [alternate beneficiary].
4. Guardian. If I have minor children, I name [guardian name] as guardian, and [alternate guardian name] as alternate.
Signed on [date signed] at [city and state]. Signature: ____________________
Witnesses: we signed below in the presence of the person making this will and of each other, as required by state law. Witness 1: [witness 1 name and address] ____________ Witness 2: [witness 2 name and address] ____________
[Notary or self-proving affidavit, if your state provides one]
Last Will and Testament for other states · Vermont tenant rights
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.