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4. Formalities Military Testamentary Instrument

4. Formalities Military Testamentary Instrument. Generally. Basic Idea. If will executed with formalities specified by federal law, deemed to satisfy formalities of all states. Policy.

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4. Formalities Military Testamentary Instrument

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  1. 4. FormalitiesMilitary Testamentary Instrument

  2. Generally

  3. Basic Idea • If will executed with formalities specified by federal law, deemed to satisfy formalities of all states.

  4. Policy • Allow JAGs to prepare wills for service members without hassling with particular requirements of each state.

  5. Issue • Does it violate 10th Amendment?

  6. 4. FormalitiesStatutory Wills

  7. Wills forms provided by state law • California, Maine, Michigan, Wisconsin

  8. 4. FormalitiesNotarized Will

  9. UPC § 2-502(a)(3) • If notarized (acknowledged), no witnesses needed even if not handwritten • Just a few states have enacted: • Colorado • Massachusetts • North Dakota

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