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S1333................................................by JUDICIARY AND RULES
WILLS - Amends existing law to provide certain exceptions to the execution
of wills; and to provide for the execution, making and attesting of
self-proved wills.
01/22 Senate intro - 1st rdg - to printing
01/23 Rpt prt - to Jud
02/05 Rpt out - rec d/p - to 2nd rdg
02/06 2nd rdg - to 3rd rdg
02/08 3rd rdg - PASSED - 33-0-2
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
Cameron, Coiner, Corder, Darrington, Fulcher, Gannon, Geddes, Goedde,
Hammond, Heinrich, Hill, Kelly, Keough, Langhorst, Little, Lodge,
Malepeai(Sagness), McGee, McKague, McKenzie, Pearce, Richardson,
Schroeder, Siddoway, Stegner, Stennett, Werk
NAYS -- None
Absent and excused -- Davis, Jorgenson
Floor Sponsor - Lodge
Title apvd - to House
02/11 House intro - 1st rdg - to Jud
02/26 Rpt out - rec d/p - to 2nd rdg
02/27 2nd rdg - to 3rd rdg
03/03 3rd rdg - PASSED - 66-0-4
AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
Block, Bock, Boe, Bolz, Bowers, Brackett, Bradford, Chadderdon,
Chavez, Chew, Clark, Collins, Crane, Durst, Eskridge, Hagedorn, Hart,
Harwood, Henderson, Jaquet, Killen, King, Kren, Labrador, Lake,
LeFavour, Loertscher, Marriott, Mathews, McGeachin, Mortimer, Moyle,
Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould, Ringo,
Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(02),
Shepherd(08), Shirley, Shively, Smith(24), Smith(30), Snodgrass,
Thayn, Thomas, Trail, Vander Woude, Wills, Wood(27), Wood(35)
NAYS -- None
Absent and excused -- Henbest, Luker, Stevenson, Mr. Speaker
Floor Sponsor - Clark
Title apvd - to Senate
03/04 To enrol
03/05 Rpt enrol - Pres signed
03/06 Sp signed
03/07 To Governor
03/11 Governor signed
Session Law Chapter 76
Effective: 07/01/08
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE SENATE SENATE BILL NO. 1333 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO WILLS; AMENDING SECTION 15-2-502, IDAHO CODE, TO PROVIDE CERTAIN 3 EXCEPTIONS TO THE EXECUTION OF WILLS AND TO MAKE TECHNICAL CORRECTIONS; 4 AND AMENDING SECTION 15-2-504, IDAHO CODE, TO PROVIDE FOR THE EXECUTION, 5 MAKING AND ATTESTING OF SELF-PROVED WILLS AND TO MAKE TECHNICAL CORREC- 6 TIONS. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 15-2-502, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 15-2-502. EXECUTION. Except as provided for holographic wills, writings 11 within section 15-2-513 of thisPpart, and wills within section 15-2-506 of 12 thisPpart, or except as provided in sections 51-109, 55-712A or 55-712B, 13 Idaho Code, every will shall be in writing signed by the testator or in the 14 testator's name by some other person in the testator's presence and by his 15 direction, and shall be signed by at least two (2) persons each of whom wit- 16 nessed either the signing or the testator's acknowledgment of the signature or 17 of the will. 18 SECTION 2. That Section 15-2-504, Idaho Code, be, and the same is hereby 19 amended to read as follows: 20 15-2-504. SELF-PROVED WILL. (a1) Any will may be simultaneously executed, 21 attested, and made self-proved, by the acknowledgment thereof by the testator 22 and the affidavits of the witnesses, each made before an officer authorized to 23 administer oaths under the laws of the state where execution occurs and evi- 24 denced by the officer's certificate, under official seal, in form and content 25 substantially as follows: 26 I, .........., the testator, sign my name to this instrument this ..... 27 day of ........, ...., and being first duly sworn, do hereby declare to the 28 undersigned authority that I sign and execute this instrument as my last will 29 and that I sign it willingly (or willingly direct another to sign for me), 30 that I execute it as my free and voluntary act for the purposes therein 31 expressed, and that I am eighteen (18) years of age or older, of sound mind, 32 and under no constraint or undue influence. 33 .............................. 34 Testator 35 We, ............, ............, the witnesses, sign our names to this 36 instrument, being first duly sworn, and do hereby declare to the undersigned 37 authority that the testator signs and executes this instrument as his last 38 will and that he signs it willingly (or willingly directs another to sign for 39 him), and that each of us, in the presence and hearing of the testator, hereby 40 signs this will as witness to the testator's signing, and that to the best of 41 his knowledge the testator is eighteen (18) years of age or older, of sound 2 1 mind, and under no constraint or undue influence. 2 .............................. 3 Witness 4 .............................. 5 Witness 6 The State of .......... 7 County of ............. 8 Subscribed, sworn to and acknowledged before me by .........., the testa- 9 tor and subscribed and sworn to before me by .........., and .........., wit- 10 nesses, this ..... day of .......... 11 (Seal) 12 (Signed) ..................... 13 .............................. 14 (Official capacity of officer) 15 (b2) An attested will may at any time subsequent to its execution be made 16 self-proved by the acknowledgment thereof by the testator and the affidavits 17 of the witnesses, each made before an officer authorized to administer oaths 18 under the laws of the state where the acknowledgment occurs and evidenced by 19 the officer's certificate, under the official seal, attached or annexed to the 20 will in form and content substantially as follows: 21 The State of ............ 22 County of ............... 23 We, .........., ..........., and .........., the testator and the wit- 24 nesses, respectively, whose names are signed to the attached or foregoing 25 instrument, being first duly sworn do hereby declare to the undersigned 26 authority that the testator signed and executed the instrument as his last 27 will and that he had signed willingly (or willingly directed another to sign 28 for him), and that he executed it as his free and voluntary act for the pur- 29 poses therein expressed, and that each of the witnesses, in the presence and 30 hearing of the testator, signed the will as witness and that to the best of 31 his knowledge the testator was at that time eighteen (18) years of age or 32 older, of sound mind and under no constraint or undue influence. 33 .............................. 34 Testator 35 .............................. 36 Witness 37 .............................. 38 Witness 39 Subscribed, sworn to and acknowledged before me by .........., the testa- 40 tor, and subscribed and sworn to before me by .........., and .........., wit- 41 nesses, this ..... day of ......... 42 (Seal) 43 (Signed) ..................... 44 .............................. 45 (Official capacity of officer) 46 (3) A will may be executed, and made self-proved, in compliance with sec- 47 tions 51-109, 55-712A or 55-712B, Idaho Code, and attested as set forth in 48 subsections (1) and (2) of this section.
STATEMENT OF PURPOSE
RS: 17519
Last session, methods were instituted for signing and notarizing
documents when the signer either was illiterate or was unable
physically to sign. This bill incorporates those methods into the
execution of a Will. Both the actual execution of the Will and the
self-proving of a Will (whereby the witnesses and signer state
under oath that the necessary requirements for proper execution of
a valid Will were met) are covered.
FISCAL NOTE
This bill will have no fiscal impact.
CONTACT:
Robert L. Aldridge, Trust & Estate Professionals of Idaho, Inc.
Telephone: office: (208) 336-9880 Cell: (208) 631-2481
STATEMENT OF PURPOSE/FISCAL NOTE S 1333