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Vermont Last Will and Testament

A Vermont will needs 2 witnesses, not a notary. Make a free Vermont will template and add a notarized self-proving affidavit. Attorney review available.

Introduction

A last will and testament is a legal document that states who receives your property when you die and names the person, called the executor, who will administer your estate. It can also name a guardian for minor children. In Vermont, 14 V.S.A. Section 5 requires the will to be in writing, signed by the testator (the person making the will), and then attested and subscribed by two or more credible witnesses in the presence of the testator and of each other. A beneficiary who also signs as a witness risks losing their gift under Vermont's interested-witness rule at 14 V.S.A. Section 10, unless two other competent witnesses also sign. The will itself does not need a notary, only witnesses, but Vermont does recognize an optional self-proving affidavit under 14 V.S.A. Section 108, sworn by the testator and witnesses before a notary, which can let a Vermont probate court admit the will without tracking down the witnesses later. Vermont does not recognize handwritten, unwitnessed (holographic) wills; every will must meet the same two-witness signing rule. A testator must be 18 or older, or emancipated by court order, and of sound mind (14 V.S.A. Section 1). Attorney review is available as an option before you sign.

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Key Things to Know

  1. 1

    A last will and testament is a legal document that states who receives your property and names the executor who will administer your estate after you die. It can also name a guardian for your minor children.

  2. 2

    Vermont requires 2 witnesses. Under 14 V.S.A. Section 5 the testator signs (or directs someone else to sign in the testator's presence and by the testator's direction), and two or more credible witnesses attest and subscribe the will in the presence of the testator and of each other.

  3. 3

    A beneficiary who witnesses the will risks losing their gift. Vermont's interested-witness rule, 14 V.S.A. Section 10, makes a gift to a subscribing witness (or the witness's spouse) voidable unless two other competent, disinterested witnesses also signed the will.

  4. 4

    Vermont recognizes a self-proving affidavit. Under 14 V.S.A. Section 108 the testator and witnesses can swear to the will's execution before a notary public after signing, which can spare the witnesses from testifying in probate later. This affidavit is optional and is the one part of the process that needs a notary.

  5. 5

    The will itself needs witnesses, not a notary. Vermont law requires two credible witnesses to attest and subscribe the will; a notary is used only for the optional self-proving affidavit, not for executing the will itself.

  6. 6

    Vermont does not recognize holographic wills. There is no provision in 14 V.S.A. chapter 1 for an unwitnessed, handwritten will. Every Vermont will, however it is written, must still be signed and attested by two credible witnesses under Section 5.

  7. 7

    You must be 18 and of sound mind, and you can revoke your will. A testator must be 18 or older, or emancipated by court order, and of sound mind (14 V.S.A. Section 1). A will is revoked by making a later will that expressly or inconsistently replaces it, or by a revocatory act such as burning, tearing, canceling, or destroying it with intent to revoke (14 V.S.A. Section 11).

Key decisions before you file

Before you file a Last Will and Testament in Vermont, a few decisions shape the document: which option to choose and what each one means. The Last Will and Testament guide walks through them.

Open the Last Will and Testament guide

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VERMONT LAST WILL AND TESTAMENT

  1. DECLARATION AND REVOCATION OF PRIOR WILLS I, [TESTATOR NAME], a resident of [CITY/TOWN], Vermont, being 18 years of age or older (or emancipated by court order) and of sound mind, declare this to be my Last Will and Testament. I revoke all prior wills and codicils I have previously made. I make this will voluntarily, of my own free will, and not under duress, fraud, or undue influence from any person.

  2. EXECUTOR APPOINTMENT I appoint [EXECUTOR NAME] of [CITY/TOWN], Vermont, as executor of this will. If that person cannot or will not serve, I appoint [SUCCESSOR EXECUTOR NAME] as successor executor. My executor shall administer my estate, pay my debts and expenses, and distribute my property according to Vermont law and the terms of this will.

  3. DISPOSITION OF PROPERTY [INSERT specific gifts and bequests: identify each item or amount of property, describe it clearly, and name the beneficiary who receives it. Name an alternate beneficiary for each gift in case the first-named beneficiary does not survive you.]

  4. RESIDUARY CLAUSE I give all the rest and residue of my estate, of whatever kind and wherever located, not otherwise disposed of in this will, to [RESIDUARY BENEFICIARY NAME]. If that beneficiary does not survive me, I give my residuary estate to [ALTERNATE BENEFICIARY NAME].

  5. ATTESTATION CLAUSE I sign this will on [DATE] in the presence of the two witnesses named below, and I ask them to sign as witnesses in my presence and in the presence of each other, as required by 14 V.S.A. Section 5.

[TESTATOR NAME], Testator

The foregoing instrument was signed by the testator in our presence, and we, at the testator's request and in the testator's presence and in the presence of each other, have subscribed our names as witnesses on the date above.

Witness 1: _____________________________ Address: ______________________ Witness 2: _____________________________ Address: ______________________

  1. SELF-PROVING AFFIDAVIT (OPTIONAL) Vermont recognizes a self-proving affidavit under 14 V.S.A. Section 108. If you use one, the testator and both witnesses swear before a notary public, after signing above, that the will was signed and witnessed as this document states. This is the only part of the process that needs a notary.

STATE OF VERMONT COUNTY OF [COUNTY]

We, the testator and the witnesses, being first duly sworn, declare to the undersigned notary public that the testator signed this will as the testator's own will, that the testator signed willingly, and that each witness signed at the testator's request, in the testator's presence, and in the presence of the other witness.

_____________________________ Testator _____________________________ Witness 1 _____________________________ Witness 2

Sworn to and acknowledged before me on [DATE].

Notary Public, State of Vermont My commission expires: [DATE]

Note: Governed by 14 V.S.A. Sections 1, 5, 10, 11, and 108. Vermont's interested-witness rule (14 V.S.A. Section 10) makes a gift to a subscribing witness, or that witness's spouse, voidable unless two other competent, disinterested witnesses also signed the will, so avoid using a beneficiary as a witness. This is a Vermont skeleton for a last will and testament. For the complete, customizable template, see the full Last Will and Testament template.

Vermont Requirements for Last Will and Testament

Sign in the Presence of Two Credible Witnesses

A Vermont will must be in writing and signed by the testator (or by another person in the testator's presence and at the testator's express direction), then attested and subscribed by two or more credible witnesses in the presence of the testator and of each other. 14 V.S.A. Section 5.

Do Not Use a Beneficiary as a Witness

Under Vermont's interested-witness rule, a beneficial devise or legacy given to a subscribing witness, or to that witness's spouse, is voidable unless there are two other competent subscribing witnesses to the will. 14 V.S.A. Section 10.

A Notary Is Not Required to Execute the Will

Vermont does not require the will itself to be notarized. Execution requires two credible witnesses under 14 V.S.A. Section 5; a notary is used only for the optional self-proving affidavit, not for signing the will itself.

Consider a Self-Proving Affidavit

Vermont recognizes a self-proving affidavit under 14 V.S.A. Section 108, in which the testator and witnesses swear before a notary public, after signing the will, that it was properly executed. This optional step can let probate accept the will without live witness testimony.

Holographic (Handwritten, Unwitnessed) Wills Are Not Valid

Vermont Statutes Title 14, chapter 1 has no holographic-will provision. Every will, however it is written, must still meet the two-witness attestation and subscription requirement of 14 V.S.A. Section 5 to be valid.

Meet the Minimum Age and Capacity Standard

A testator must be 18 years of age or older, or emancipated by court order, and of sound mind to make a valid will in Vermont. 14 V.S.A. Section 1.

Revoke a Prior Will by a Later Will or a Revocatory Act

A Vermont will is revoked by executing a subsequent will that revokes the earlier one expressly or by inconsistency, or by performing a revocatory act, such as burning, tearing, canceling, obliterating, or destroying the will, with the intent to revoke it. 14 V.S.A. Section 11.

Name an Executor to Administer Your Estate

Name an executor (the person who will administer your estate) and a successor executor in your will so that Vermont probate has a clear appointee if your first choice cannot serve.

Frequently Asked Questions

A Vermont will needs two or more credible witnesses. Under 14 V.S.A. Section 5, the testator signs (or directs another person to sign in the testator's presence and by the testator's direction), and the witnesses must attest and subscribe the will in the presence of the testator and of each other. Avoid using a beneficiary as a witness: 14 V.S.A. Section 10 makes a gift to a witness (or the witness's spouse) voidable unless two other competent, disinterested witnesses also signed.

No, not to be valid. A Vermont will is executed with two credible witnesses under 14 V.S.A. Section 5, not a notary. A notary is used only for the optional self-proving affidavit under 14 V.S.A. Section 108, in which the testator and witnesses swear to their signatures after the will is signed and witnessed, which can help the will move through probate without live witness testimony.

No. Vermont Statutes Title 14, chapter 1 contains no holographic-will provision, and 14 V.S.A. Section 5 requires every will to be attested and subscribed by two or more credible witnesses. A handwritten will that is not witnessed as the statute requires is not valid in Vermont, even if it is entirely in the testator's own writing.

Write your will naming your executor and how you want your property distributed, then sign it (or direct someone else to sign in your presence and at your direction) in front of two or more credible witnesses. The witnesses then attest and subscribe the will in your presence and each other's presence, as 14 V.S.A. Section 5 requires. Adding a notarized self-proving affidavit under Section 108 is optional but can simplify probate.

A valid Vermont will must be in writing, signed by a testator who is at least 18 (or emancipated by court order) and of sound mind, and signed in the presence of two or more credible witnesses who attest and subscribe it in the presence of the testator and each other, under 14 V.S.A. Sections 1 and 5. Keeping beneficiaries off the witness line avoids the voidability risk in 14 V.S.A. Section 10.

A self-proving affidavit is a sworn statement, signed by the testator and witnesses before a notary public after the will is executed, confirming the will was properly signed and witnessed. Vermont recognizes this under 14 V.S.A. Section 108. It is optional, but it can let a Vermont probate court accept the will without requiring the witnesses to appear and testify.

You must be 18 years of age or older, or emancipated by court order, and of sound mind to make a valid will in Vermont, under 14 V.S.A. Section 1. The self-proving affidavit under Section 108 also has the testator and witnesses affirm the testator was of sound mind and acting without constraint or undue influence.

Under 14 V.S.A. Section 11, a Vermont will is revoked by executing a later will that revokes the earlier one expressly or by inconsistency, or by a revocatory act performed with intent to revoke, such as burning, tearing, canceling, obliterating, or destroying the will (by the testator, or by someone else in the testator's conscious presence and at the testator's direction).