Iowa

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

§633.264, et seq

Operative Facts

1. Declarant must be a competent adult
2. document must be signed in presence of 2 witnesses and in the presence of each other
3. physician may presume declaration is valid
4. there must be actual notice of declaration to attending physician
5. declaration given effect when declarants condition is terminal and he is unable to make treatment decisions. (sample form 144A.3
6. )
7. At least one witness must not be related to declarant

Age of Testator

Any person of full age and sound mind

Number of Witnesses Required

Witnessed, at testators request, by two competent (at least 16 yrs. old) witnesses who must sign in presence of testator and each other.

Oral Will Recognition

Not recognized

Holographic Will Recognition

Not valid unless executed as stated in §633.279