Intestate Succession and Wills

ORS 112.255
Validity of execution of a will

  • incorporation by reference


(1)

A will is lawfully executed if it is in writing, signed by or at the direction of the testator and otherwise executed in accordance with the law of:

(a)

This state at the time of execution or at the time of death of the testator;

(b)

The domicile of the testator at the time of execution or at the time of the testator’s death; or

(c)

The place of execution at the time of execution.

(2)

A will is lawfully executed if it complies with the Uniform International Wills Act.

(3)

A writing in existence when a will is executed may be incorporated by reference if the language of the will manifests this intent and describes the writing sufficiently to permit its identification.

(4)

A will may dispose of property by reference to acts and events that have significance apart from their effect upon the dispositions made by the will, whether the events occur before or after the execution of the will or before or after the testator’s death. The execution or revocation of another individual’s will is such an event. [1969 c.591 §39; 1981 c.481 §5; 2015 c.27 §11; 2015 c.387 §12]

Notes of Decisions

Proponent's evidence was insufficient to establish that handwritten document purporting to be decedent's last will was holographic will under California law, where decedent did not execute document in California and did not intend document to be his last will but only draft since he had handwritten document typed out and notarized, kept typed copy and discarded handwritten copy. Estate of Whitlatch v. Richardson, 99 Or App 548, 783 P2d 46 (1989)


Source

Last accessed
Jun. 26, 2021