§ 2502. Form and execution of a will.
Every will shall be in writing and shall be signed by the testator at the end thereof,
subject to the following rules and exceptions:
(1) Words following signature.--The presence of any writing after the signature to a will, whether written before
or after its execution, shall not invalidate that which precedes the signature.
(2) Signature by mark.--If the testator is unable to sign his name for any reason, a will to which he makes
his mark and to which his name is subscribed before or after he makes his mark shall
be as valid as though he had signed his name thereto: Provided, That he makes his
mark in the presence of two witnesses who sign their names to the will in his presence.
(3) Signature by another.--If the testator is unable to sign his name or to make his mark for any reason, a will
to which his name is subscribed in his presence and by his express direction shall
be as valid as though he had signed his name thereto: Provided, That he declares the
instrument to be his will in the presence of two witnesses who sign their names to
it in his presence.
(Dec. 10, 1974, P.L.867, No.293, eff. imd.; Dec. 1, 1994, P.L.655, No.102, eff. 60
days)
1994 Amendment. Act 102 amended the intro. par. and par. (2).
Cross References. Section 2502 is referred to in sections 2504.1, 3132.1, 3154 of this title.
Notes of Decisions
In Re: Albert Staico, Jr., 143 A.3d 983 (Pa. Super. Ct. 2016).
· cites it 2× “Every will shall be in writing and shall be signed by the testator at the end thereof, subject to the following rules and exceptions: * * * (2) Signature by mark.”
Est. of Robert H. Agnew v. Ross, D., 152 A.3d 247 (Pa. 2017).
“We note the Probate Code provides a trust is created only if “the settlor signs a writing that indicates an intention to create the trust and contains provisions of the trust.”
Golden v. Cook, 293 F. Supp. 2d 546 (W.D. Pa. 2003).
“Harper, which evidence her intent to give -appellants more than that which was indicated in her probated will, do not constitute an “otherwise valid will.”
In Re Est. of Sidlow, 543 A.2d 1143 (Pa. 1988).
“See: 20 Pa.C.S. § 2502; Keiper’s Estate (No. 2), 20 Pa.”
In Re Est. of Keiser, 560 A.2d 148 (Pa. 1989).
“On appeal, Tercha frames the issue for our review in the following terms: “Did not the Learned Trial Judge err in confirming the probate of an unsigned, unwitnessed and undated copy of a will as the Last Will and Testament of the decedent?” In sum, Tercha contends that the…”
In Re Est. of Keeney, 348 A.2d 108 (Pa. 1975).
“See 20 Pa.C.S. § 2502 (1975 pamphlet). The differing quoted statements do suggest that the decedent understood the mechanics of a joint tenancy with right of survivorship, and realized that John would have legal title to the certificates and the checking account after his death.”
Est. of Rozanski, 514 A.2d 587 (Pa. Super. Ct. 1986).
“The Probate, Estates and Fiduciaries Code, 20 Pa.C.S. § 2502 sets forth the requirements of a will and provides that: "Every will shall be in writing and shall be signed by the testator at the end thereof .”
In Re Est. of Hopkins, 570 A.2d 1058 (Pa. 1990).
“In conclusion, the evidence establishes that decedent had not decided how to dispose of her assets at the time she wrote the document. Appellant’s alternative argument is that assuming the document is a will, it was admitted incorrectly to probate since it was not signed at the…”
Sabat Est., 33 Pa. D. & C.3d 378 (1982).
· cites it 6× “164, §2, 20 Pa.C.S. §2502, as amended? *380 Was decedent of sound mind at the time of the execution of the document? Was the document procured by undue influence, duress or constraint? Is the signature which appears on the third page of the document genuine? Following petition…”
In Re: Est. of Long, I. Appeal of: Lemmo, M. (Pa. Super. Ct. 2016).
“20 Pa.C.S. § 2502(3) (emphasis added). Based on our review of the record, we find no error in the orphans’ court’s determination that the Decedent lacked testamentary capacity to execute a will on February 11, 2015.”
— 20 Pa. Cons. Stat. § 2502(2) — 1 case
— 20 Pa. Cons. Stat. § 2502(3) — 1 case
In Re: Est. of Long, I. Appeal of: Lemmo, M. (Pa. Super. Ct. 2016).
“20 Pa.C.S. § 2502(3) (emphasis added). Based on our review of the record, we find no error in the orphans’ court’s determination that the Decedent lacked testamentary capacity to execute a will on February 11, 2015.”
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