What the rule says
DC requires specific formalities for a valid will. Under D.C. Code § 18-103, a valid DC will must satisfy:
1. A writing. 2. The testator's signature. 3. Two competent witnesses. Two competent witnesses must sign the will in the testator's presence.
DC requires witnesses to sign in the testator's presence — a strict requirement.
Holographic wills not recognized
DC does not recognize holographic wills (handwritten unwitnessed wills) for ordinary residents.
Self-proving affidavits
DC recognizes self-proving affidavits.
What you can do about it
For a DC will execution:
- Have the testator and at least two competent witnesses present. - Use the self-proving affidavit. - Sign at the end of the document. - Avoid using beneficiaries as witnesses. - Don't rely on handwritten unwitnessed documents.
Who this affects most
DC's execution requirements are most consequential for anyone executing a will in DC and out-of-state residents who relocated with handwritten unwitnessed wills.