Maine

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

Tit. 18-A §2501, et seq.

Operative Facts

1. Must be in writing and signed of sound mind and over 18
2. signed by declarant or another at his direction
3. must be witnessed by 2 people
4. must be communicated to attending physician
5. document is effective upon determination that principal lacks capacity
6. physician records terms of declaration and determination of terminal condition

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.

Holographic Will Recognition

Not recognized