Section 3-2.2. Nuncupative and holographic wills


Latest version.
  • (a)  For  the  purposes of this section, and as used elsewhere in this
      chapter:
        (1) A will is nuncupative when it is unwritten, and the making thereof
      by the testator and its provisions are clearly established by  at  least
      two witnesses.
        (2)  A  will  is  holographic  when  it  is  written  entirely  in the
      handwriting of the  testator,  and  is  not  executed  and  attested  in
      accordance with the formalities prescribed by 3-2.1.
        (b) A nuncupative or holographic will is valid only if made by:
        (1)  A member of the armed forces of the United States while in actual
      military or naval service during a war, declared or undeclared, or other
      armed conflict in which members of the armed forces are engaged.
        (2) A person who serves with or accompanies an armed force engaged  in
      actual  military  or  naval  service  during  such  war  or  other armed
      conflict.
        (3) A mariner while at sea.
        (c) A will authorized by this section becomes invalid:
        (1) If made by a member of the armed forces, upon  the  expiration  of
      one year following his discharge from the armed forces.
        (2)  If made by a person who serves with or accompanies an armed force
      engaged in actual military or naval service, upon the expiration of  one
      year from the time he has ceased serving with or accompanying such armed
      force.
        (3)  If  made  by a mariner while at sea, upon the expiration of three
      years from the time such will was made.
        (d) If any  person  described  in  paragraph  (c)  lacks  testamentary
      capacity  at the expiration of the time limited therein for the validity
      of his will, such will shall continue to be valid until  the  expiration
      of one year from the time such person regains testamentary capacity.
        (e)  Nuncupative  and  holographic  wills,  as  herein authorized, are
      subject to the provisions of  this  chapter  to  the  extent  that  such
      provisions  can  be  applied  to  such  wills  consistently  with  their
      character, or to the extent that any such provision  expressly  provides
      that it is applicable to such wills.