A will is a document that contains the last will of its owner (testator) and decides precisely how and by whom their estate will be used in the event of death.
As a safety measure, it’s strongly suggested to create a will. Even when you do not have a lot of assets, a will can really help your family situation and end up being vital to your loved ones after your death.
In case you’re trying to find a fillable and printable Maine last will and testament form, you can find one on this site, together with the guidelines on last will creation and solutions to commonly asked questions.
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|Statutes||Title 18-C, Article 2 – Intestacy, Wills and Donative Transfers; Part 5 – Wills|
|Signing requirement||Two witnesses||§2-502. Execution; holographic wills|
|Age of testator||18 or older||§2-501. Who may make a will|
|Age of witnesses||18 or older||§2-504. Who may witness a will|
|Self-proving wills||Allowed||§2-503. Self-proved will|
|Handwritten wills||Recognized if meeting certain conditions||§2-502. Execution; holographic wills|
|Oral wills||Not recognized|
|Holographic wills||Recognized if meeting certain conditions|
A power of attorney (PoA) is a legal document that names a person, known as your agent or proxy (does not have to be an attorney), to handle matters for you while you are alive.
Among various power of attorney types, the two following ones are believed to be primary:
An executor is someone you have confidence in and appoint to ensure the will’s directions are executed. One individual could be your will’s executor and attorney-in-fact.
In Maine, it’s not necessary to notarize your will. However, in case you want to attach a self-proving affidavit to your last will, you will have to notarize it. Making your will self-proving could be a great idea because it quickens the probate and grants another layer of security if the will’s validity is questioned.
A holographic last will is handwritten. For it to be effective, the document needs to be wholly in the handwriting of the testator and dated and signed by him or her. These last wills tend to be normally used in emergencies and/or up to the point when more conventional documents could be put in place (either by a law firm or using a last will template such as the one you can obtain from our website). Holographic last wills can have unclear directions and may leave out necessary terms, so they are harder to impose and can slow down the probate significantly. Consequently, it may be a better choice to go with the other option we talk about below.
An attested will is a typed document, usually based on a fillable template obtainable online or made with the aid of a legal professional. For it to be viewed as valid, it has to be signed by the testator and two credible witnesses older than 18 in the testator’s presence, which can also be exercised in the presence of a notary public. But, the latter isn’t needed in Maine.
Testamentary capacity is used to describe the testator’s (the individual creating the last will) legal and mental capability (sound mind) to write and alter their last will.
There’s a chance you’re regarded as lacking testamentary capacity in case you’re underage or have dementia, senility, insanity, or a similar mental illness that doesn’t let you to realize your assets’ value, heirs, disposition, along with the interrelationship of these points.
No, in Maine, there’s no such prerequisite. Still, including one could be quite helpful given that it eliminates the need for witnesses testimony at the time of probate, which facilitates the process significantly.
In Maine, there’s no such a thing as community or marital property. That means that all the possessions gathered or increased in the marriage do not have to be evenly shared between the two marriage partners.
In Maine, it’s possible to disinherit your marriage partner, but your spouse has the right to receive a certain minimum number of your assets.
With regard to other members of your family, you can lawfully disinherit anybody else. Your adult children or any other family members can be lawfully disinherited completely in your last will and testament. For doing that, add corresponding sections to the will.
No, the will can be modified solely by you. A third party is only able to sign the last will and testament when you’re physically incapable of doing it.
Yes, you are allowed to revise it.
In Maine, in case you have not entered into a contract that says the opposite, you can cancel or modify your last will and testament anytime.
Also, it can be a good idea to improve your last will as you experience an important life event, such as:
In Maine, the law implies that the court will admit a last will and testament in case it has been destroyed or lost. However, the probate court will be less likely to accept anything except for the initial version of the last will to probate.
As per Maine law, the will’s absence may be assumed as its annulment. This suggests that the trustee should prove the will’s validity, which in turn may become very troublesome.
Things can get more problematic when it comes to a holographic last will. In order to prove its credibility, the court will require testimony and sword witnesses. The reason behind not providing the last will and testament and its elements is to be determined as well.
In accordance with the Maine Estate Code, it is possible for someone to sign his or her last will providing that it is your (as a testator) directive and in your presence. The testator can state their wishes in a verbal manner, by responding positively to a question, or by a gesture.
It is possible to get a notary to sign the name of a testator that is physically unable to do it in case the latter directs the notary with a witness present. It is worth mentioning that these witnesses can’t have an interest (equitable or legal) in any of the assets that are the subject of or affected by such a document (the last will).
|Related documents||Times when you could want to have one|
|Codicil||You would like to make a single or a few slight changes to your will.|
|Self-proving affidavit||You would like to save time and money for your witnesses.|
|Living will||You would like to declare your wishes regarding the end-of-life medical treatment and life-prolonging procedures.|
|Living trust||You want to skip probate by having your property in a trust.|