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Probate laws vary by state, but generally a will is valid if the testator was of legal age, of a sound mind, and was free from restraint when he or she wrote the will. | Probate laws vary by state, but generally a will is valid if the testator was of legal age, of a sound mind, and was free from restraint when he or she wrote the will. | ||
== Nuncupative will == | == Types of wills == | ||
==== Nuncupative will ==== | |||
A ''nuncupative will'' is an oral will which is later spoken of in court by those who heard the testator speak. Some U.S. states do not honor this type of will. (''A to Zax'' by Barbara Jean Evans, [Alexandria, VA: Hearthside Press, 1995], 186.) | A ''nuncupative will'' is an oral will which is later spoken of in court by those who heard the testator speak. Some U.S. states do not honor this type of will. (''A to Zax'' by Barbara Jean Evans, [Alexandria, VA: Hearthside Press, 1995], 186.) | ||
== Holographic will == | ==== Holographic will ==== | ||
A ''holographic will'' is the original copy written by the testator. It is entirely in the testator's handwriting. If someone else writes on it, it is invalid. This will is not witnessed. | A ''holographic will'' is the original copy written by the testator. It is entirely in the testator's handwriting. If someone else writes on it, it is invalid. This will is not witnessed. | ||
== Mystic will == | ==== Mystic will ==== | ||
This will is from the French tradition (Louisianna). Person goes to a notary (like a lawyer), and writes the will in the presence of 2-3 witnesses and the notary. The person then puts the will in an envelope and seals it. The witnesses don't sign the will, but they do sign that he put it in the envelope. | This will is from the French tradition (Louisianna). Person goes to a notary (like a lawyer), and writes the will in the presence of 2-3 witnesses and the notary. The person then puts the will in an envelope and seals it. The witnesses don't sign the will, but they do sign that he put it in the envelope. | ||
== Codicils == | == Codicils == | ||
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