Does Oregon Law Allow for Handwritten Wills? | Southwest Portland Law Group
As with many legal questions, the answer is: "it depends." In order for a will to be validly executed, Oregon law requires that a will be (1) in writing, (2) signed by the testator (or person making the will), and (3) signed by two witnesses who saw the testator sign the will. ORS 112.235. The writing requirement includes both handwritten and typed documents. If the testator is physically unable to sign the will, they may direct another person to sign for them so long as that other person also signs the will. Most wills also include a "self-proving" affidavit, which is signed by the testator and both witnesses. When a person dies, their will is submitted to the court to be proven as valid and admitted to probate. If the will does not contain a self-proving affidavit, the witnesses to the will's signing will have to testify in court that they saw the decedent (the deceased testator) sign their will. Because it is often impractical to track down witnesses years after a will is