Legal Question in Wills and Trusts in Maine

Cancel a will.

I hand wrote a note cancelling my last will and stated that I now want my property (bank accounts and investments; I have no real estate or car.) to be divided equally between my two daughters. If I have this notarized, is it as binding as a will?


Asked on 8/18/07, 12:42 pm

1 Answer from Attorneys

Jerome Gamache Ainsworth Thelin & Raftice, P.A.

Re: Cancel a will.

Maine law 18-A mrs 2-503 specifically allows you to have a valid handwritten Will so long as you sign it, date it and it is entirely handwritten by you. It would not need to be notarized, but you can do so. Just make sure that bank accounts, investment accounts do not have beneficiary clauses on the accounts that would pay the money over to someone at death(ie- could be a former spouse at the time you set the account up, etc.) Most investment accounts will have these provisions, so just be sure that they are consistent with your Will.

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Answered on 8/20/07, 9:01 am


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