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NEBRASKA LEGAL INFORMATION
Last Will and Testament Statutes
Nebraska Statutes which contain the portion of the Probate Code dealing with last wills (see Section 30-2326, et alia).
Last Will information from the Nebraska Bar Association
American Bar Association Guide to Wills and Estates
American Bar Association, Estate Planning
Selected Nebraska Statutes
- 30-2326 Who may make a will. Any individual who is eighteen or more years
of age or is not a minor and who is of sound mind may make a will
and thereby dispose of personal and real property at and after
death and prescribe, to the extent not otherwise controlled or
limited by this code, the manner of administration of his estate
and conduct of his affairs after death and until final settlement
of his estate.
- 30-2327 Execution. Except as provided for holographic wills,
writings within section 30-2338, and wills within section
30-2331, every will is required to be in writing signed by the
testator or in the testator's name by some other individual in
the testator's presence and by his direction, and is required to
be signed by at least two individuals each of whom witnessed
either the signing or the testator's acknowledgment of the
signature or of the will.
- 30-2328 Holographic will. An instrument which purports to be
testamentary in nature but does not comply with section 30-2327
is valid as a holographic will, whether or not witnessed, if the
signature, the material provisions, and an indication of the date
of signing are in the handwriting of the testator and, in the
absence of such indication of date, if such instrument is the
only such instrument or contains no inconsistency with any like
instrument or if such date is determinable from the contents of
such instrument, from extrinsic circumstances, or from any other
evidence.
- 30-2329 Self-proved will.
(1) Any will may be simultaneously executed, attested, and made
self-proved by the acknowledgment thereof by the testator and the
affidavits of the witnesses, each made before an officer
authorized to administer oaths under the laws of this state or
under the laws of the state where execution occurs and evidenced
by the officer's certificate, under official seal, in form and
content substantially as follows:
I, .......... the testator, sign my name to this
instrument this ..... day of ..... 19...., and being first duly
sworn, do hereby declare to the undersigned authority that I sign
and execute this instrument as my last will and that I sign it
willingly or willingly direct another to sign for me, that I
execute it as my free and voluntary act for the purposes therein
expressed and that I am eighteen years of age or older or am not
at this time a minor, and am of sound mind and under no
constraint or undue influence.
.................
Testator
We, .......... and .........., the witnesses, sign our
names to this instrument, being first duly sworn, and do hereby
declare to the undersigned authority that the testator signs and
executes this instrument as his last will and that he signs it
willingly or willingly directs another to sign for him, and that
he executes it as his free and voluntary act for the purposes
therein expressed, and that each of us, in the presence and
hearing of the testator, hereby signs this will as witness to the
testator's signing, and that to the best of his knowledge the
testator is eighteen years of age or older or is not at this time
a minor, and is of sound mind and under no constraint or undue
influence.
.................
Witness
.................
Witness
THE STATE OF ...........................................
COUNTY OF ..............................................
Subscribed, sworn to and acknowledged before me by
.........., the testator, and subscribed and sworn to before me
by .......... and .........., witnesses, this ..... day of
....... .... .
(SEAL) (Signed) .......................
..............................
(Official capacity of officer)
The execution of the acknowledgment by the testator and the
affidavits of the witnesses as provided for in this section shall
be sufficient to satisfy the requirements of the signing of the
will by the testator and the witnesses under section 30-2327.
- 30-2330 Who may witness; interested witness; intestate share.
(a) Any individual generally competent to be
a witness may act as a witness to a will.
(b) A will or any provision thereof is not invalid
because the will is signed by an interested witness. Unless
there is at least one disinterested witness to a will, an
interested witness to a will is entitled to receive any property
thereunder only to an amount or extent not exceeding that which
is or would be the intestate share of such interested witness if
the testator died intestate at the date of death.
- 30-2331 Choice of law as to execution. A written will is valid if executed in
compliance with section 30-2327 or 30-2328 or if its execution
complies with the law at the time of execution of the place where
the will is executed or of the place where at the time of
execution or at the time of death the testator is domiciled, has
a place of abode or is a national.
- 30-2332 Revocation by writing or by act. A will or any part thereof is revoked
(1) by a subsequent will which, as is evident either
from its terms or from competent evidence of its terms, revokes
the prior will or part expressly or by inconsistency; or
(2) by being burned, torn, canceled, obliterated, or
destroyed, with the intent and for the purpose of revoking it by
the testator or by another person in the presence of and by the
direction of the testator.
- 30-2333 Revocation by divorce; no revocation by other changes of
circumstances. If after executing a will the testator is
divorced or his marriage dissolved or annulled, the divorce,
dissolution, or annulment revokes any disposition or appointment
of property made by the will to the former spouse, any provision
conferring a general or special power of appointment on the
former spouse, and any nomination of the former spouse as
executor, trustee, conservator, or guardian, unless the will
expressly provides otherwise. Property prevented from passing to
a former spouse because of revocation by divorce, dissolution, or
annulment passes as if the former spouse failed to survive the
decedent, and other provisions conferring some power or office on
the former spouse are interpreted as if the spouse failed to
survive the decedent. If provisions are revoked solely by this
section, they are revived by testator's remarriage to the former
spouse. For purposes of this section, divorce, dissolution, or
annulment means any divorce, dissolution, or annulment which
would exclude the spouse as a surviving spouse within the meaning
of section 30-2353. A decree of separation which does not
terminate the status of husband and wife is not a divorce for
purposes of this section. No change of circumstances other than
as described in this section revokes a will.
- 30-2334 Revival of revoked will.
(a) If a second will which, had it remained
effective at death, would have revoked the first will in whole or
in part, is thereafter revoked by acts under section 30-2332, the
first will is revoked in whole or in part unless it is evident
from the circumstances of the revocation of the second will or
from testator's contemporary or subsequent declarations that he
intended the first will to take effect as executed.
(b) If a second will which, had it remained effective
at death, would have revoked the first will in whole or in part,
is thereafter revoked by a third will, the first will is revoked
in whole or in part, except to the extent it appears from the
terms of the third will that the testator intended the first will
to take effect.
- 30-2335 Incorporation by reference. Any writing in existence when a will is
executed may be incorporated by reference if the language of the
will manifests this intent and describes the writing sufficiently
to permit its identification.
- 30-2337 Events of independent significance. A will may dispose of property by reference to acts and events which have significance apart from their
effect upon the dispositions made by the will, whether they occur
before or after the execution of the will or before or after the
testator's death. The execution or revocation of a will of
another individual is such an event.
- 30-2338 Separate writing identifying bequest of tangible property. Whether or not the provisions relating to holographic wills apply, a will may refer to a written statement
or list to dispose of items of tangible personal property not
otherwise specifically disposed of by the will, other than money,
evidences of indebtedness, documents of title, and securities,
and property used in trade or business. To be admissible under
this section as evidence of the intended disposition, the writing
must have an indication of the date of the writing or signing
and, in the absence of such indication of date, be the only such
writing or contain no inconsistency with any other like writing
or permit determination of such date of writing or signing from
the contents of such writing, from extrinsic circumstances, or
from any other evidence, must either be in the handwriting of the
testator or be signed by him or her, and must describe the items
and the devisees with reasonable certainty. The writing may be
referred to as one to be in existence at the time of the
testator's death; it may be prepared before or after the
execution of the will; it may be altered by the testator after
its preparation; and it may be a writing which has no
significance apart from its effect upon the disposition made by
the will.
- 30-2339 Requirement that devisee survive testator by one hundred twenty
hours. A devisee who does not survive the testator
by one hundred twenty hours is treated as if he predeceased the
testator, unless the will of the testator contains some language
dealing explicitly with simultaneous deaths or deaths in a common
disaster, or requiring that the devisee survive the testator or
survive the testator for a stated period in order to take under
the will.
Library of Informational Legal Articles
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