40.0102 Execution of wills.

Cite as [A.S.C.A. § 40.0102]

All wills, except wills involving personal property with a total value of not more than $300, must be in writing, signed by the testator or some person in his presence and by his express direction, and the signature of the testator, or the person acting for him must be witnessed by 2 competent persons who shall sign their names thereto as attesting witnesses.

History: 1962, PL 7-21; readopted 1980, PL 16-88 § 1; 1982, PL 17-31 § 1.

Case Notes:

Signed writing executed in the presence of two witnesses, listing author’s assets and giving instructions for their disposition after author’s death was evidence of testamentary intent and met with statutory criteria for enforcement of a will. A.S.C.A. § 40.0102. Lokan v. Lokan, 6 A.S.R.2d 44 (1987).

Statutory requirement that testator’s signature must be witnessed is not satisfied when the “witness” has no idea whether the signature appearing on the will is that of the testator or not. A.S.C.A. § 40.0102. In re Estate of Poiali’i, 15 A.S.R.2d 111 (1990).

The testator’s signature on any will, except one involving personality which has a total value of not more than $300, must be witnessed. A.S.C.A. § 40.0102. Estate of Jennings, 24 A.S.R.2d 3 (1993).