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OREGON LEGAL INFORMATION
Last Will and Testament Statutes
Link to the Oregon Statutes online which contain the portion of the Probate Code dealing with last wills, see Section 112.225, et al.
American Bar Association Guide to Wills and Estates
American Bar Association, Estate Planning
Selected Oregon Statutes
- 112.225 Who may make a will. Any person who is 18 years of age or older or who has been lawfully married, and who is of sound mind, may make a will.
- 112.227 Intention of testator expressed in will as controlling. The intention of a testator as expressed in the will of the testator controls the legal effect of the dispositions of the testator. The rules of construction expressed in this section, ORS 112.230 and 112.410 apply unless a contrary intention is indicated by the will.
- 112.230 Local law of state selected by testator controlling unless against public policy. The meaning and legal effect of a disposition in a will shall be determined by the local law of a particular state selected by the testator in the instrument of the testator unless the application of that law is contrary to the public policy of this state.
- 112.235 Execution of a will. A will shall be in writing and shall be executed with the following formalities:
(1) The testator, in the presence of each of the witnesses, shall:
- Sign the will; or
- Direct one of the witnesses or some other person to sign thereon the name of the testator; or
- Acknowledge the signature previously made on the will by the testator or at the testator’s direction.
(2) Any person who signs the name of the testator as provided in subsection (1)(b) of this section shall sign the signer’s own name on the will and write on the will that the signer signed the name of the testator at the direction of the testator.
(3) At least two witnesses shall each:
- See the testator sign the will; or
- Hear the testator acknowledge the signature on the will; and
- Attest the will by signing the witness’ name to it.
(4) A will executed in compliance with the Uniform International Wills Act shall be deemed to have complied with the formalities of this section.
- 112.245 Witness as beneficiary. A will attested by an interested witness is not thereby invalidated. An interested witness is one to whom is devised a personal and beneficial interest in the estate.
- 112.255 Validity of execution of a will.
(1) A will is lawfully executed if it is in writing, signed by or at the direction of the testator and otherwise executed in accordance with the law of:
- This state at the time of execution or at the time of death of the testator; or
- The domicile of the testator at the time of execution or at the time of the testator’s death; or
- The place of execution at the time of execution.
(2) A will is lawfully executed if it complies with the Uniform International Wills Act.
- 112.285 Express revocation or alteration.
(1) A will may be revoked or altered by another will.
(2) A will may be revoked by being burned, torn, canceled, obliterated or destroyed, with the intent and purpose of the testator of revoking the will, by the testator, or by another person at the direction of the testator and in the presence of the testator. The injury or destruction by a person other than the testator at the direction and in the presence of the testator shall be proved by at least two witnesses.
- 112.295 Revival of revoked or invalid will. If a will or a part thereof has been revoked or is invalid, it can be revived only by a re-execution of the will or by the execution of another will in which the revoked or invalid will or part thereof is incorporated by reference.
- 112.305 Revocation by marriage. A will is revoked by the subsequent marriage of the testator if the testator is survived by a spouse, unless:
(1) The will evidences an intent that it not be revoked by the subsequent marriage or was drafted under circumstances establishing that it was in contemplation of the marriage; or
(2) The testator and spouse entered into a written contract before the marriage that either makes provision for the spouse or provides that the spouse is to have no rights in the estate of the testator.
- 112.315 Revocation by divorce or annulment. Unless a will evidences a different intent of the testator, the divorce or annulment of the marriage of the testator after the execution of the will revokes all provisions in the will in favor of the former spouse of the testator and any provision therein naming the former spouse as executor, and the effect of the will is the same as though the former spouse did not survive the testator.
- 112.365 Property acquired after making will. Any property acquired by the testator after the making of a will passes thereby, and in like manner as if title thereto were vested in the testator at the time of making the will, unless the intent expressed in the will is clear and explicit to the contrary.
- 112.405 Children born or adopted after execution of will; pretermitted children.
(1) As used in this section, "pretermitted child" means a child of a testator who is born or adopted after the execution of the will of the testator, who is neither provided for in the will nor in any way mentioned in the will and who survives the testator.
(2) If a testator has one or more children living when the testator executes a will and no provision is made in the will for any such living child, a pretermitted child shall not take a share of the estate of the testator disposed of by the will.
(3) If a testator has one or more children living when the testator executes a will and provision is made in the will for one or more of such living children, a pretermitted child is entitled to share in the estate of the testator disposed of by the will as follows:
- The pretermitted child may share only in the portion of the estate devised to the living children by the will.
- The share of each pretermitted child shall be the total value of the portion of the estate devised to the living children by the will divided by the number of pretermitted children plus the number of living children for whom provision, other than nominal provision, is made in the will.
- To the extent feasible, the interest of a pretermitted child in the estate shall be of the same character, whether equitable or legal, as the interest the testator gave to the living children by the will.
(4) If a testator has no child living when the testator executes a will, a pretermitted child shall take a share of the estate as though the testator had died intestate.
(5) A pretermitted child may recover the share of the estate to which the child is entitled, as provided in this section, either from the other children under subsection (3) of this section or from the testamentary beneficiaries under subsection (4) of this section, ratably, out of the portions of the estate passing to those persons under the will. In abating the interests of those beneficiaries, the character of the testamentary plan adopted by the testator shall be preserved so far as possible.
Library of Informational Legal Articles
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