What the rule says
Missouri requires specific formalities for a valid will. Under Mo. Rev. Stat. § 474.320, a valid Missouri will must satisfy:
1. A writing. The will must be in writing. 2. The testator's signature. The testator must sign at the end of the will, or another may sign at the testator's direction in the testator's presence. 3. Two competent witnesses. Two competent witnesses must sign the will in the testator's presence after seeing the testator sign or hearing acknowledgment.
Missouri requires witnesses to sign in the testator's presence — a strict requirement.
Holographic wills not recognized
Missouri does not generally recognize holographic wills for ordinary residents. A handwritten unwitnessed will is not valid in Missouri.
Self-proving affidavits
Under Mo. Rev. Stat. § 474.337, a will accompanied by a self-proving affidavit can be admitted to probate without requiring witness testimony.
Witness-beneficiary issues
Missouri addresses witness-beneficiary issues through Mo. Rev. Stat. § 474.330. A gift to an attesting witness may be voided unless other disinterested witnesses validate the will.
What you can do about it
For a Missouri will execution:
- Have the testator and at least two disinterested 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 in Missouri.
Who this affects most
Missouri's execution requirements are most consequential for anyone executing a will in Missouri and out-of-state residents who relocated with handwritten unwitnessed wills.