4 chapters · 44 sections in this title.
D.C. Code § 18-101 Definitions
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As used in this title, unless the context requires a different meaning: words importing the singular include the plural, and words importing the plural include the singular; the present tense includes the future as well as the present; “District Court” means the United States Dis…
D.C. Code § 18-102 Capacity to make a will
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A will, testament, or codicil is not valid for any purpose unless the person making it is at least 18 years of age and, at the time of executing or acknowledging it as provided by this chapter, of sound and disposing mind and capable of executing a valid deed or contract.
D.C. Code § 18-103 Execution of written will; attestation
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A will or testament, other than a will executed in the manner provided by section 18-107, is void unless it is: (1) in writing and signed by the testator, or by another person in his presence and by his express direction; and (2) attested and subscribed in the presence of the tes…
D.C. Code § 18-104 Devises, legacies, etc., to attesting witnesses
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(a) A beneficial devise, legacy, estate, interest, gift, or power of appointment of or affecting real or personal estate, given or made to an attesting witness to a will or codicil is void as to him and persons claiming under him, except as provided by subsections (b) and (c) of …
D.C. Code § 18-105 Retention or demand of void devise or legacy by attesting witness prohibited
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A person to whom a beneficial devise, legacy, estate, interest, gift, or power of appointment is given or made in a will or codicil, which is void under section 18-103, may not, in any manner or under any color or pretense whatsoever: (1) demand or take possession of or receive a…
D.C. Code § 18-106 Creditors as competent witnesses
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A mere charge in a will or codicil on the estate of a testator for the payment of debts does not disqualify a creditor from being a competent witness to the will or codicil.
D.C. Code § 18-107 Nuncupative wills
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A nuncupative will made after January 1, 1902, is not valid in the District of Columbia except that a person in actual military or naval service or a mariner at sea may dispose of his personal property by word of mouth, if: (1) his oral disposition of the property is proved by at…
D.C. Code § 18-108 Execution of power by will
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An appointment made by will in the exercise of a power is not valid unless it is so executed that it would be valid for the disposition of the property to which the power applies if it belonged to the testator.
D.C. Code § 18-109 Revocation of wills; revival
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(a) A will or codicil, or a part thereof, may not be revoked, except by implication of law, otherwise than by (1) a later will, codicil, or other writing declaring the revocation, executed as provided by section 18-103 or 18-107; or (2) burning, tearing, cancelling, or obliterati…
D.C. Code § 18-110 Opening will before delivery to Probate Court
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A person having possession or custody of a testamentary instrument may, after the death of the testator, open and read it in the presence of near relatives of the deceased, who may conveniently have notice thereof, and of other persons, and immediately thereafter may deliver the …
D.C. Code § 18-111 Withholding will
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Whoever, having possession of a testamentary instrument, willfully neglects, for the period of 90 days after the death of the testator becomes known to him, to deliver it to the Probate Court, or to the Register of Wills, or to an executor named in the instrument, shall be fined …
D.C. Code § 18-112 Taking and carrying away, or destroying, mutilating, or secreting will
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Whoever, during the life or after the death of the testator, for a fraudulent purpose, takes and carries away, or destroys, mutilates, or secretes, a testamentary instrument, shall be imprisoned not more than five years. In addition to any other penalty provided under this sectio…
D.C. Code § 18-301 Estates disposable by will
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The real and personal estate of a person, which may pass by deed or gift, or which would, in case of the owner’s dying intestate, descend to or devolve upon his heirs or other legal representatives, may be disposed of, transferred, and passed by his last will, testament, or codic…
D.C. Code § 18-302 Devises or bequests for religious purposes
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Repealed Repealed.
D.C. Code § 18-303 General devise and bequest of all property
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A devise and bequest purporting to be of all real or personal property, or both, belonging to the testator, includes also all property of either or both kinds, respectively, over which he has a general power of appointment, unless a contrary intention appears in the testamentary …
D.C. Code § 18-304 Devise of land to include leaseholds
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A devise of the land of a testator, or of his land in any place, or in the occupation of a person named or otherwise described in a general manner, includes his leasehold estates or those to which the descriptions extend, as well as freehold estates, unless a contrary intention a…
D.C. Code § 18-305 After-acquired real property
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(a) A will executed after January 17, 1887, and before January 1, 1902, devising real property, from which it appears that it was the intention of the testator to devise property acquired after the execution of the will, operates as a valid devise of all after-acquired real prope…
D.C. Code § 18-306 “Pour over” trusts
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A devise or bequest may be made in a will or codicil, otherwise valid, in form or substance to the trustees under, or in accordance with the terms of, a written inter vivos trust, including an unfunded life insurance trust, although the settlor has reserved rights of ownership in…
D.C. Code § 18-307 Advancement as satisfaction of devise or bequest
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An advancement or a provision for an advancement to a person is a satisfaction, in whole or in part, of a devise or bequest to that person contained in a previous will if it would be so deemed in case the devisee or legatee were the child of the testator; and, whether he is a chi…
D.C. Code § 18-308 Death of devisee or legatee; lapsed or void devises or bequests
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Unless a different disposition is made or required by the will, if a devisee or legatee dies before the testator, leaving issue who survive the testator, the issue shall take the estate devised or bequeathed as the devisee or legatee would have done if he had survived the testato…
D.C. Code § 18-501 Notice of petition for probate
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Repealed Repealed.
D.C. Code § 18-502 Notice to nonresidents and unfound residents
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Repealed Repealed.
D.C. Code § 18-503 Notice to unknown kin or heirs at law
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Repealed Repealed.
D.C. Code § 18-504 Probate; waiver of notice; proof of execution
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Repealed Repealed.
D.C. Code § 18-505 Proof of wills; testimony; witnesses outside District
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Repealed Repealed.
D.C. Code § 18-506 Appearance of persons not cited
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Repealed Repealed.
D.C. Code § 18-507 Admission to probate
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Repealed Repealed.
D.C. Code § 18-508 Caveat; will not to be probated while issues pending
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Repealed Repealed.
D.C. Code § 18-509 Caveat; time for filing
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Repealed Repealed.
D.C. Code § 18-510 Prior will not to be probated pending issues
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Repealed Repealed.
D.C. Code § 18-511 Guardian ad litem
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Repealed Repealed.
D.C. Code § 18-512 Plenary proceedings
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Repealed Repealed.
D.C. Code § 18-513 Rules of procedure
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Repealed Repealed.
D.C. Code § 18-514 Wills filed prior to June 8, 1898, may be probated as of real estate
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Repealed Repealed.
D.C. Code § 18-701 Definitions
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For the purposes of this chapter, the term: (1) “Authorized person” or “person authorized to act in connection with international wills” means a person who by section 18-709, or by the laws of the United States, including members of the diplomatic and consular service of the Unit…
D.C. Code § 18-702 International will; validity
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(a) A will shall be valid as regards form, irrespective particularly of the place where it is made, of the location of the assets, and of the nationality, domicile, or residence of the testator, if it is made in the form of an international will complying with the requirements of…
D.C. Code § 18-703 International will; requirements
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(a) The will shall be made in writing. It need not be written by the testator himself or herself. It may be written in any language, by hand, or by any other means. (b) The testator shall declare in the presence of 2 witnesses and of a person authorized to act in connection with …
D.C. Code § 18-704 International will; other points of form
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(a) The signatures shall be placed at the end of the will. If the will consists of several sheets, each sheet shall be signed by the testator or, if he or she is unable to sign, by the person signing on his or her behalf or, if there is no such person, by the authorized person. I…
D.C. Code § 18-705 International will; certificate
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The authorized person shall attach to the will a certificate, to be signed by him or her, establishing that the requirements of this chapter for valid execution of an international will have been complied with. The authorized person shall keep a copy of the certificate and delive…
D.C. Code § 18-706 International will; effect of certificate
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In the absence of evidence to the contrary, the certificate of the authorized person shall be conclusive of the formal validity of the instrument as a will under this chapter. The absence or irregularity of a certificate shall not affect the formal validity of a will under this c…
D.C. Code § 18-707 International will; revocation
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The international will shall be subject to the ordinary rules of revocation of wills.
D.C. Code § 18-708 Source and construction
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Sections 18-701 through 18-707 derive from Annex to Convention of October 26, 1973, Providing a Uniform Law on the Form of an International Will. In interpreting and applying this chapter, regard shall be had to its international origin and to the need for uniformity in its inter…
D.C. Code § 18-709 Persons authorized to act in relation to international will; eligibility; recognition by authorizing agency
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Individuals who have been admitted to practice law before the courts of the District of Columbia and who are in good standing as active law practitioners in the District, are hereby declared to be authorized persons in relation to international wills.
D.C. Code § 18-710 International will information registration
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The Mayor of the District of Columbia shall establish a registry system by which authorized persons may register in a central information center, information regarding the execution of international wills, keeping that information in strictest confidence until the death of the ma…