2008 Legislation
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SENATE BILL NO. 1333<br /> – Wills, self-made, execution

SENATE BILL NO. 1333

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Bill Status



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

Bill Text




                                                                       
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008

                                                                       

                                       IN 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 this Ppart, and wills within  section  15-2-506  of
 12    this  Ppart,  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 / Fiscal Impact


                       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