Maine Last Will and Testament Template

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Updated June 29, 2022

A Maine last will and testament is a legal document in which a testator (the individual to whom the will belongs) has the ability to set forth into writing how they would like their property to be distributed among designated beneficiaries upon their death. A will allows a testator to record instructions regarding the after-death distribution of their real and property, life insurance policies, digital assets, fiduciary accounts, cash-on-hand, and much more. Through making a will, a testator will also name beneficiaries; some of the common individuals considered beneficiaries include spouses, children, friends, and even charitable organizations. Will documents must be signed by the testator in the presence of two (2) separate witnesses– both of whom will sign the document as well. And though optional, the document can be notarized to further protect its legality.

Table of Contents

Laws

Definition – (Title 18-C, §1-201) – “Will” includes a codicil and any testamentary instrument that only appoints an executor, revokes or revises another will, nominates a guardian or expressly excludes or limits the right of an individual or class to succeed to property of the decedent passing by intestate succession.

Signing Requirements (Section 2-502) – Signed by at least two (2) or more Witnesses, each of whom witnessed either the signing of the will or the testator’s acknowledgment of that signature or acknowledgment of the will.

Statutes – Title 18-C, Article 2 (Intestacy, Wills and Donative Transfers)

Statutory Form – § 2-517

Video

How to Write

Step 1 – Establishment of Testator -Write or type the full legal name of the testator (the person for whom the will is being established) at the top of the document. Enter the following information:

  • Name of Testator
  • City of Residence
  • County of Residence
  • Testator must carefully review the remainder of the paragraph as well as the Expenses and Taxes section

Step 2 – Nomination and Appointment of Personal Representative (Executor)–

  • Enter the full legal name of the executor
  • Name of executor’s city
  • County
  • State

Alternate Executor – just in the event the initial representative becomes unable or unwilling to serve as the initial chosen representative to the estate

  • Enter the full legal name of the alternate executor
  • Name of executor’s city
  • County
  • State

Step 3 – Disposition of Property to Beneficiaries –

1 st Beneficiary 

  • Full legal name
  • Current address
  • Relation to testator
  • Enter the last four digits of their SSN
  • Enter the property being bequeathed
  • AND

2nd Beneficiary –

  • Full legal name
  • Current address
  • Relation to testator
  • Enter the last four digits of SSN
  • Enter the property being bequeathed
  • AND

3d Beneficiary –

  • Full legal name
  • Current address
  • Relation to testator
  • Enter the last four digits of SSN
  • Enter the property being bequeathed

The Testator must review the remaining information pertaining to how property is distributed in the event any member of their group of beneficiaries pre-decease the testator.

Step 4 – Testator must carefully review the following sections prior to any application of signatures:

  • Omission
  • Bond
  • Discretionary Powers of Personal Representative A through K
  • Contesting Beneficiary
  • Guardian Ad Litem  Not Required
  • Gender
  • Assignment
  • Governing Law
  • Binding Arrangement

Step 5 – Signatures/Witnesses – All signatories must be present prior to any signing of this documentation. Enter the following:

  • Enter the testator’s name
  • Date of testator’s signature in dd/mm/yyyy format
  • Testator Signature
  • Testator (Printed Name)

Witnesses – The witnesses must review the brief statement and provide the following –

  • Date the document in dd/mm/yyyy format
  • Enter the name of the testator

Witness 1 – 

  • Witness Signature
  • Address

Witness 2 –

  • Witness Signature
  • Address

Step 6 – Testament Affidavit – All parties must review the affidavit and complete the following:

  • State
  • County
  • Name of testator
  • Name of Witness 1
  • Name of Witness 2
  • AND ENTER
  • Testator Signature
  • Witness 1 Signature
  • Witness 2 Signature

Step 7 (Optional) – Notarization – Once the notary public has witnessed all signatures they shall then complete the remainder of the document and authenticate it by affixing their state seal.

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Durable (Financial) Power of Attorney

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