The document summarizes Nebraska's statutory requirements for executing wills. It discusses that wills are governed by state statute and case law. It outlines who can make a will, the execution requirements including being in writing and signed by two witnesses, provisions for holographic wills, self-proving wills, witness qualifications, and choice of law. It also briefly summarizes a few Nebraska cases related to will execution requirements.

1. Nebraska Statutory Requirements
for the Execution of Wills

2. Where is the law regarding wills found?
 State statute
 Article 23 “Intestate Succession and Wills”
 §§30-2326 through 30-2338 (Reissue 2008)
 State caselaw
 How do you find it?
Nebraska Digest
Annotations after statutes
Casemaker
http://www.nebar.com/
Attorney ID (User Name) # 18430 and password lp7764

3. §30-2326 Who May Make a Will
 An individual who is 18 or more years of age or is not a minor
 Who is of sound mind
 and thereby dispose of personal and real property at and after
death
 And prescribe…the manner of administration of his estate and
conduct of his affairs after death & until final settlement of his
estate

4. §30-2327 Execution
 Except as provided for holographic wills, wills subject to the
laws of another jurisdiction (30-2338) or separate writings
identifying bequests of tangible property (30-2338);
 Every will is required to be in writing;
 Signed by the testator or in the testator’s name by some other
individual
 In the testator’s presence
 And by his direction;
 And is required to be signed by at least two people who
witnessed either the signing or the testator’s acknowledgment
of the signature.

5. §30-2328 Holographic Will
 An instrument which purports to be testamentary in nature but
does not conform to 30-2327
 Is valid as a holographic will
 Whether or not witnessed
 If the signature, the material provisions and an indication of
date are in the handwriting of the testator
And in the absence of such a date, if such is the only
instrument or is not inconsistent with any prior
document
Or if such date is determinable from the contents of the
instrument, extrinsic circumstances, or other evidence.

6. §30-2329 Self-Proved Will
 This is a statutory procedure to prove a will without witness
testimony. Testator acknowledges the will to be his/her valid
will and the witnesses sign an affidavit verifying this. The
acknowledgment and the affidavit are signed before a notary
public and added to the end of the will.
 The statute gives the proper language for this in Nebraska
 This can even be added at any time after the testator makes the
will.

7. §30-2330 Witnesses
 Who may witness?
 Any person generally competent to be a witness may act as
a witness to a will
 What about interested witnesses?
 The will is not invalid because it’s signed by an interested
witness. But if there is not at least one disinterested
witness, the interested witness can only inherit the amount
of property they would have received under the laws of
intestate succession.

8. §30-2331 Choice of law as to execution.
 A written will is valid if executed in conformity with 30-2327
(general provisions)
 Or 30-2328 (holographic wills)
 Or if the execution complies with the law at the time of
execution of the place where the will is executed
 Or of the place where at the time of execution or at the time of
death the testator is domiciled, has a place of abode or is a
national.

9. Nebraska Caselaw on the Execution of Wills
 From statute annotations:
 In re Estate of Flicker, 215 Neb. 495: In order to be valid, a will
must be singed by witnesses prior to the testator’s death.
 In re Estate of Camin, 212 Neb. 490: An attesting witness need
not probe into a testator’s mental capacity prior to signing a
will as a witness.
 In re Estate of Foxley, 254 Neb. 204: A decedent’s handwritten
initials, as opposed to his whole name, constitutes a signature.
 In re Estate of Wells, 243 Neb. 152: A holographic will dated by
only a month and year is valid.