Legal Last Will and Testament for Married person with Minor Children from Prior Marriage
Note: This summary is not intended to be an all-inclusive
discussion of the law of wills in Idaho, but does contain basic and other
provisions. This summary does not discuss handwritten wills.
Who may make a will: Any emancipated minor
or any person eighteen (18) or more years of age who is of sound mind may
make a will. 15-2-501
Execution: Every will shall be in writing,
signed by the testator and shall be signed by at least two (2) persons
each of whom witnessed the signing by the testator. 15-2-502.
Who may witness a will:
(a) Any person
eighteen (18) or more years of age 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.
Choice of law as to execution: A written
will is valid if executed in compliance with the laws of Idaho, or if its
execution complies with the law at the time of execution of the place where
the will is executed, or of the law 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. 15-2-506.
Revocation by writing or by act: A will
or any part thereof is revoked:
(a) By a subsequent will which revokes the prior will or
part expressly or by inconsistency; or
(b) 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 his presence and by his direction.
(c) The revocation of a will executed in duplicate may be accomplished
by revoking one (1) of the duplicates. 15-2-507.
Revocation by divorce: If after executing
a will the testator is divorced or his marriage annulled, the divorce 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. If provisions are revoked solely by this
section, they are revived by testator's remarriage to the former spouse.
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. 15-2-510.
Separate writing identifying bequest of tangible property:
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 either be in the handwriting of the testator or be signed by him 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 dispositions
made by the will. 15-2-513.