Section 13.12.545. Contents of petition for will validity.  


Latest version.
  • A petition under AS 13.12.530 must contain
            (1) a statement that a copy of the will has been filed with the court;
            (2) a statement that the will is in writing;
            (3) a statement that the will was signed by the testator, or was signed in the testator's name by another person in the testator's conscious presence and at the testator's direction;
            (4) in the case of a witnessed will, a statement that the will was signed by at least two individuals, each of whom signed within a reasonable time after witnessing the signing of the will or the testator's acknowledgment of the signature on the will;
            (5) in the case of a holographic will, a statement that the signature and material portions of the will are in the testator's handwriting;
            (6) a statement that the will was executed with testamentary intent;
            (7) a statement that the testator had testamentary capacity;
            (8) a statement that the testator was free from undue influence and duress and executed the will in the exercise of the testator's free will;
            (9) a statement that the execution of the will was not the result of fraud or mistake;
            (10) the names and addresses of the testator, the testator's spouse, the testator's children, the testator's heirs, the personal representatives nominated in the will, and the devisees under the will;
            (11) if minors, the ages of the testator's children, the testator's heirs, and the devisees under the will, as far as known or ascertainable with reasonable diligence by the petitioner;
            (12) a statement that the will has not been revoked or modified; and
            (13) a statement that the testator is familiar with the contents of the will.

Notes


History

(Sec. 8 ch 64 SLA 2010)