Requirements for Wills in Maine
A person can create a will to name beneficiaries for almost all of his property. The only exceptions are property in trust, property owned jointly (because the surviving owner automatically inherits) and any life insurance policies that already have named beneficiaries. Maine has specific requirements for valid wills. If they are met, the named beneficiaries will receive the property bequeathed in the will after the person dies.
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Testators
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A testator is the person who makes a will. Section 2-501 of the Maine Probate Code requires a testator to be at least 18 years old and have full mental capacity. He must have full knowledge of his estate and be making the will voluntarily. The will must be in writing, and the testator must sign at the end of the will, as set forth in Section 2-502. Almost all wills are typed, but Section 2-503 does allow probate courts to recognize a handwritten, or holographic, will if it is in the testator's own handwriting and signed by the testator.
Witnesses
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When a testator signs her will, she must do so in the presence of two witness, as required by Section 2-502. Maine does not require a notary to serve as a third witness. However, if a will is notarized, it is classified as self-proving because the notary affirms the identity and capacity of the testator. If a will is self-proving, a court will admit it for probate without contacting the witnesses to verify the will.
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Beneficiaries
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A testator is permitted to name anyone as a beneficiary to receive a bequest under his will. This can include family members, friends and the testator's favorite charitable organizations. However, a testator is not entitled to disinherit his spouse. If a spouse is left out of the will, he is entitled to receive a homestead allowance of $10,000, as permitted by Section 2-401 of the Maine Probate Code; exempt property, including jewelry, personal property, clothing, home furnishings and automobiles, with a value of up to $7,000, allowed by Section 2-402; a family allowance, set forth in Section 2-403, in an amount sufficient to support the spouse and any minor children for up to one year and the surviving spouse's elective share, set by Section 2-201, at one-third of the remaining estate before any other property is distributed.
The law does permit a testator to disinherit his children. However, according to Section 2-302, if a child is born after the will was created, the testator has other children who are named in the will and the testator died before updating the will, making the omission of the after-born child unintentional, that child is entitled to inherit an equal share of any bequest made to the testator's other children.
Changes and Revocation
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A will remains valid and subject to probate upon death unless the testator changes or revokes it. A testator can change her will by signing a codicil that adds, deletes or amends provisions in the will. The codicil must be signed by the testator and two witnesses in the same procedure as the original will.
If a testator wishes to revoke her will, she may do so at any time. If she signs a new will, the original will is revoked. The testator can also revoke her will by physically destroying it through marking, tearing or burning. Additionally, if a testator gets divorced after making her will, any provisions leaving property to a former spouse are automatically revoked by operation of law upon issuance of a final divorce decree. Even if the testator dies prior to signing a new will excluding her former spouse, the former spouse will not be entitled to inherit.
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