Legal Last Will

Who may make a will: Any person 18 or more years of age who is of sound mind may make a will. § 2501.

Form and execution of a will: Every will shall be in writing and shall be signed by the testator at the end thereof, subject to the following rules and exceptions:

Validity of execution: A will is validly executed if executed in compliance with section 2502 (relating to form and execution of a will), or in compliance with the law of the jurisdiction where the testator was domiciled at the time of the execution of the will or at the time of his death. § 2504.1.

Revocation of a will: No will or codicil in writing, or any part thereof, can be revoked or altered otherwise than:

Modification by circumstances: Wills shall be modified upon the occurrence of any of the following circumstances among others:

Devise or bequest to trust: A devise or bequest in a will may be made to the trustee of a trust, including any unfunded trust, established in writing by the testator or any other person before, concurrently with or after the execution of the will. Such devise or bequest shall not be invalid because the trust is amendable or revocable, or both, or because the trust was amended after execution of the will. Unless the will provides otherwise, the property so devised or bequeathed shall not be deemed held under a testamentary trust of the testator but shall become and be a part of the principal of the trust to which it is given to be administered and disposed of in accordance with the provisions of the instrument establishing that trust and any amendment thereof. An entire revocation of the trust prior to the testator's death shall invalidate the devise or bequest unless the will directs otherwise. § 2515.

Penalty clause for contest: A provision in a will or trust purporting to penalize an interested person for contesting the will or trust or instituting other proceedings relating to the estate or trust is unenforceable if probable cause exists for instituting proceedings. § 2521.