A Valid Will

A will may be made: Orally; it will not be valid unless:

1. It is made before two or more competent witnesses (i.e. persons of sound mind and full age); and

2. The testator dies within 3 months of the date of making the will;

3. An oral will made by a member of the armed forces or merchant marine during a period of active service (i.e. service on a field of military operations or at sea, or proceeding to or from, or under orders to proceed to, or being in some place for the purpose of proceeding to, a field of military operations or sea) is valid for more than three months after the date of making the will, provided he dies in the same period of active service.

4. If an oral will is made after a written will has not been revoked, the oral will is not valid in so far as it is contrary to the written will; if a written will is made after an oral will, the written will be the valid will (unless some property disposed of by the oral will is not disposed of by the written will.)

5. If there is any conflict in evidence of witnesses as to what was said by the deceased in making an oral will, the oral will is not valid except so far as its contents are proved by a competent independent witness (an independent witness is one who is not a beneficiary or the spouse of a beneficiary under a will).