Will form, execution, attestation
A will must be written down and signed by the person making it (or by someone else if that person tells them to and watches them do it). At least two witnesses must also sign the will while the person making it is watching.
474.320. Will form, , . — Every will shall be in writing, signed by the , or by some person, by his direction, in his presence; and shall be by two or more their names to the will in the presence of the testator.
(RSMo 1939 § 520, A.L. 1955 p. 385 § 262)
Prior revisions: 1929 § 519; 1919 § 507; 1909 § 537
(1974) Subsequent to execution and attestation of will testator wrote "nine" over word "ten" and wrote "9" over figure "10" and marked through and circled name of one of the s of the remaining nine-tenths of his intending to eliminate such person as a distributee. Court held that effect of alterations would be to increase portions of other distributees as well as to share of the distributee whose name was stricken and that such changes constituted a new and distinct which, since not attested, were not legally effective and, applying doctrine of relative , no revocation was had and will remained in effect as originally written. Oliver v. Union of Springfield (A.), 504 S.W.2d 647.
(1974) Held that unwitnessed interlinear alterations in a will indicated testator's intent to cancel entire document. Watson v. Landvatter (Mo.), 517 S.W.2d 117.
(1974) An agreement to an insurance business on the death of current owner held not to constitute a testamentary disposition. Hunt v. Dallmeyer (A.), 517 S.W.2d 720.
Tap any gold-underlined word to see what it means.
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.