Oregon Statutes 112.235 – Execution of a will
(1) Except as provided in ORS § 112.238, a will shall be in writing and shall be executed in accordance with the following formalities:
Terms Used In Oregon Statutes 112.235
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Testator: A male person who leaves a will at death.
(a) The testator, in the presence of each of the witnesses, shall:
(A) Sign the will;
(B) Direct one of the witnesses or some other person to sign the name of the testator and the signer’s own name on the will; or
(C) Acknowledge the signature previously made on the will by the testator or at the testator’s direction.
(b) At least two witnesses shall each:
(A)(i) See the testator sign the will;
(ii) Hear the testator acknowledge the signature on the will; or
(iii) Hear or observe the testator direct some other person to sign the name of the testator; and
(B) Attest the will by signing the witness’ name to the will within a reasonable time before the testator’s death.
(2) The signature by a witness on an affidavit executed contemporaneously with execution of a will is considered a signature by the witness on the will in compliance with subsection (1)(b)(A)(iii) of this section if necessary to prove the will was duly executed in compliance with this section.
(3) A will executed in compliance with the Uniform International Wills Act shall be deemed to have complied with the formalities of this section.
(4) As used in this section, ‘writing’ does not include an electronic record, document or image. [1969 c.591 § 37; 1973 c.506 § 7; 1981 c.481 § 4; 2015 c.387 § 11]
[1981 c.481 § 3; repealed by 1993 c.98 § 26]