What the rule says
Rhode Island requires specific formalities for a valid will. Under R.I. Gen. Laws § 33-5-5, a valid RI will must satisfy:
1. A writing. 2. The testator's signature. 3. Two competent witnesses. Two witnesses must sign the will in the testator's presence.
Holographic wills not recognized
Rhode Island does not recognize holographic wills (handwritten unwitnessed wills) for ordinary residents.
Self-proving affidavits
RI recognizes self-proving affidavits under R.I. Gen. Laws § 33-7-26.
What you can do about it
For an RI 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
RI's execution requirements are most consequential for anyone executing a will in Rhode Island and out-of-state residents who relocated with handwritten unwitnessed wills.