Will Laws
Missouri
Will Laws
Missouri
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
474.310, et seq
Operative Facts
- Declerant must be a competent person
- document must be made in writing
- document must be signed by declarant
- document must be dated
- if not wholly in declarants handwriting, must be signed in presence of 2 adult witnesses (sample form ยง459.015
- )
- operative only when declarants condition is determined to be terminal or declarant is unable to make treatment decisions
- declaration shall have no effect during course of declarants pregnancy
Age of Testator
18 years or older and of sound mind, or any emancipated minor
Number of Witnesses Required
Must be attested by two or more competent witnesses subscribing their names to the will in presence of testator.
Oral Will Recognition
Valid only if made in imminent peril of death and death results, declared to be his will before two disinterested witnesses, reduced to writing under direction of one of witnesses within 30 days and submitted for probate within 6 months of death; can only dispose of personal property of no more than $500 and does not change or revoke existing will; may be revoked by another nuncupative will.