Uniform Probate Code § 2‑502(a)(1) requires that a will be in writing. Oral wills are not recognized under the UPC, even when intent is clear.
UPC § 2-502 Execution; Witnessed or Notarized Wills; Holographic Wills
(a) [Witnessed or Notarized Wills.] Except as otherwise provided in subsection (b) and in Sections 2-503, 2-506, and 2-513, a will must be:
. . .
The writing requirement remains non‑negotiable and is not displaced by the harmless‑error doctrine.
Hani Sarji
New York lawyer who cares about people, is fascinated by technology, and is writing his next book, Estate of Confusion: New York.
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