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Many internet sources continue to
indicate that Vermont law requires three people to
witness every will.
The text of Title 14, Chapter 1,
Section 5 of the Vermont Statutes reads as follows:
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§ 5. Execution of will;
requisites
Except such nuncupative wills as are hereinafter mentioned, a will
shall not pass any real or personal estate, or charge or affect the
same, unless it is in writing and signed by the testator, or by the
testator's name written by some other person in the testator's
presence and by the testator's express direction, and attested and
subscribed by two or more credible witnesses in the presence of the
testator and of each other. (Amended 2005, No. 106 (Adj. Sess.), § 1.) |
Vermont's
statute required three witnesses before its amendment to
the present form shown above. However, as shown, the
act amending this statute to just two witnesses is from
2005.
In fact, although every state (EXCEPT ONE) requires
wills to be witnessed, none of them require more than
two witnesses.
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The incorrect belief that Vermont
wills require three witnesses persists because of
numerous, apparently reputable, websites with outdated
information. With many of these sites being
operated by large companies that spend a great deal on
advertising, this incorrect information is readily
accepted when it is found listed at one of these sites.
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