Is a Hand-Written Will Valid in Rhode Island?
Nearly everyone understands that a last will and testament (or simply a “will”) is a document in which you lay out your final wishes. But not everyone understands how this document should be created to be valid. For example, can you just take a pen and write a will on a piece of paper? In other words, are handwritten wills valid?
This depends on the state in which you are creating a will. Rhode Island, for example, doesn’t recognize handwritten wills as valid, while many states do. “But it’s better to have a handwritten will than no will, right?” you might be thinking. Well, not really. The estate planning attorneys at The Law Offices of Howe & Garside, Ltd, can explain what makes a will valid in Rhode Island and what happens when someone leaves behind a handwritten will.
Who Can Write a Valid Will in Rhode Island?
In Rhode Island, any person who is at least 18 years old and of sound mind can write a valid will. These two requirements constitute “testamentary capacity” and are governed by RI Gen. Laws § 33-5-2. "Sound mind" means that the person must understand the nature of making a will, the extent of their property, and how the will distributes their assets. It's important to ensure that the person writing the will is doing so voluntarily and without undue influence.
What Makes a Will Valid in Rhode Island?
For a will to be valid in Rhode Island, it must meet the following criteria outlined in RI Gen. Laws § 33-5-5:
Written document: The will must be in writing, which includes typed or printed documents.
Signature: It must be signed by the testator (the person making the will).
Witnesses: The will must be signed by at least two witnesses, each of whom was present and observed the testator signing the will and observed each witness sign the will. The witnesses must be able to attest that the testator was at least 18 years old and of sound mind.
These steps ensure that the will is an accurate representation of the testator's intentions and not the product of fraud or coercion.
Does Rhode Island Law Recognize Handwritten Wills?
Rhode Island does not recognize holographic wills (wills written entirely in the handwriting of the testator) as valid without the requisite witness signatures. Unlike some states that accept holographic wills, Rhode Island requires that all wills, regardless of being handwritten or typed, must adhere to the witness requirements outlined above. The only exception to this requirement is when the testator is in active military service.
What to Do if the Deceased Leaves Behind a Handwritten Will?
If you find yourself in a situation where a deceased loved one has left a handwritten will, which isn’t recognized in Rhode Island, you need to know your next steps. The first action should be consulting with an attorney who can provide guidance on the best course of action tailored to your specific circumstances.
Given that handwritten wills aren't recognized, an attorney can help explore alternative legal avenues. This might include presenting the will as supplementary evidence of the deceased's intentions, especially if there are no conflicting claims from other beneficiaries or heirs.
Why You Should Consider Creating a Will
Creating a will is a prudent step for several reasons:
Control over asset distribution: A will allows you to designate how your assets will be distributed after you are gone to ensure that your wishes are honored.
Guardianship for minors: If you have minor children, a will enables you to demonstrate your intent on who would want appointed as guardian to care for them.
Ease for your loved ones: A will can simplify the probate process and reduce potential conflicts among heirs.
Charitable contributions: In a will, you can include provisions for any charitable donations you wish to make from your estate.
While a last will and testament is often a key component of your estate plan, it’s just a piece of the estate planning puzzle. You might want to contact the estate planning attorneys at The Law Offices of Howe & Garside, Ltd, to create a plan tailored to your unique needs and objectives.
What Happens if Someone Dies Without Any Will in Rhode Island?
If an individual dies without a will in Rhode Island, their assets will be distributed according to the state's laws of intestate succession. These laws, which are governed by RI Gen. Laws § 33-1-1, prioritize surviving family members, with spouses and children typically receiving the largest shares. If the deceased’s spouse and children did not survive the deceased or the deceased did not have them, the estate may pass to more distant relatives.
Get Trusted Help in Drafting Your Valid Will
Nearly everyone knows that they need a will, but many put off writing a will until it is too late. This happens due to several reasons, including the fact that creating this document involves many formalities. Many people—especially older people—prefer to express their last wishes in their own handwriting, but the problem with handwritten wills is that they are not valid in Rhode Island. The estate planning attorneys at The Law Offices of Howe & Garside, Ltd, have over 60 years of combined experience and can assist you with drafting a will that truly reflects your wishes and will stand up in court if challenged. Get in touch today to request your free consultation.