Idaho Last Will and Testament for Divorced Person Not Remarried with Adult and Minor Children

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.
15-2-505

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. 15-2-508.

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.