Alabama

Overview

Here you will find what is required by state when making a living will. You will also find whether or not this specific state accepts oral or written wills.

Some key terms to keep in mind:

Testator: One who makes or has made a will; one who dies leaving a will.
Holographic Will: A will and testament that has been entirely handwritten and signed by the testator.
Oral Will: An oral will (or "nuncupative" will) is a will that has been delivered orally (that is, in speech) to witnesses, as opposed to the usual form of wills, which is written and according to a proper format.

State Requirements and Will Type Recognition

Code Section

43-8-130, et seq.

Operative Facts

1. Must be a competent adult
2. must be made in writing
3. document must be signed by declarant
4. document must be dated
5. signed in presence of 2 or more witnesses over 19
6. declaration should be substantially in statutory format

Age of Testator

18 years or older and of sound mind

Number of Witnesses Required

Signed by at least two persons, each of whom witnessed either the signing or testators acknowledgment of signature or of will

Oral Will Recognition

Not recognized

Holographic Will Recognition

Not recognized because of statutory requirement that every will must be witnessed and attested by at least two people; will in handwriting of testator and attested to by two witnesses is not considered holographic will