Q: Is a will that is handwritten in Oregon, signed by the testator and notarized valid?
There was another witness present who was said to inherit almost everything according to the will, but that person did not sign. The only signatures on the paper is the testator and notary.
It is now possible under Oregon's "harmless error" statute that a written document that is not signed in the presence of, and by two qualified witnesses may be a valid will.
The question is whether there is clear and convincing evidence that the testator intended the specific writing at issue to be his or her will at the time of its creation. The clear and convincing evidence standard requires more than presenting the document itself or the document and an authenticated signature.
You should consult with an attorney who can evaluate the evidence and circumstances specific to your case.
Theressa Hollis agrees with this answer
A: A valid Will in Oregon must be signed by two witnesses. However, Oregon has a law that may allow this writing to be probated to control the estate if the person intended the writing to be his/her Will. I recommend you consult with a probate attorney for assistance.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.