HB 1116-1_ Filed 01/30/2003, 07:58

Text Box

Adopted Rejected


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COMMITTEE REPORT


                                                        YES:

12

                                                        NO:
0

MR. SPEAKER:

    Your Committee on       Judiciary     , to which was referred       House Bill 1116     , has had the same under consideration and begs leave to report the same back to the House with the recommendation that said bill be amended as follows:

SOURCE: Page 1, line 7; (03)CR111601.1. -->     Page 1, line 7, delete "An attestation clause" and insert " A will".
    Page 2, between lines 2 and 3, begin a new line blocked left and insert:
" An attestation or self-proving clause is not required under this subsection for a valid will.".
    Page 3, between lines 17 and 18, begin a new paragraph and insert:
    "(c) A will that is executed substantially in compliance with subsection (b) will not be rendered invalid by the existence of:
        (1) an attestation or self-proving clause or other language; or
        (2) additional signatures;
not required by subsection (b).
    (d) A will executed in accordance with subsection (b) is self-proved if the witness signatures follow an attestation or self-proving clause or other declaration indicating in substance the facts set forth in section 3.1(c) or 3.1(d) of this chapter.

     (e) This section shall be construed in favor of effectuating the testator's intent to make a valid will.".
    Page 3, line 28, delete " an attestation clause signed by" and insert " no other signatures of".
    Page 3, line 29, delete "under section 3(b) of this chapter is not" and insert " are".
    Page 3, line 29, delete "." and insert " for the will to be validly executed and self-proved.".
    Page 3, line 36, delete "verifications" and insert " statements".
    Page 3, line 38, after "witnesses" insert " (which may be made under the penalties for perjury)".
    Page 3, line 40, delete "UNDER PENALTIES FOR PERJURY, we" and insert " We".
    Page 4, line 25, after "indicates" insert " in substance".
    Page 5, between lines 1 and 2, begin a new paragraph and insert:
    " (e) This section shall be construed in favor of effectuating the testator's intent to make a valid will.".
    Page 8, delete lines 37 through 42.
    Delete pages 9 through 10.
    (Reference is to HB 1116 as introduced.)

and when so amended that said bill do pass.

__________________________________

Representative Lawson L


CR111601/DI 107    2003