R.I. Gen. Laws
Rhode Island General Laws

R.I. Gen. Laws § 33-5-5 (2026)

Execution of will — Acknowledgment and attestation

✓ current as of July 2026
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No will shall be valid, except as provided in §§ 33-5-6 and 33-5-7, unless it shall be in writing and signed by the testator, or by some other person for him or her in his or her presence and by his or her express direction; and this signature shall be made or acknowledged by the testator in the presence of two (2) or more witnesses present at the same time, and the witnesses shall attest and shall subscribe the will in the presence of the testator, but no form of attestation shall be necessary, and no other publication shall be necessary.

Notes of Decisions
Cited in 5 cases, 1962–2014 · leading case: Lett v. Giuliano, 35 A.3d 870 (R.I. 2012).
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Lett v. Giuliano, 35 A.3d 870 (R.I. 2012). · cites it 5× “The plaintiff asserted that the affidavit signed by the witnesses established that the testator executed the will in their presence, thus satisfying the statutory requirements of G.L.1956 § 33-5-5. The defendant countered by producing an affidavit of a handwriting expert who…”
Est. of Giuliano v. Giuliano, 949 A.2d 386 (R.I. 2008). · cites it 2× “5 Section 33-5-5 sets forth the criteria governing the validity of a will in Rhode Island.”
Bajakian v. Erinakes, 880 A.2d 843 (R.I. 2005). · cites it 2× “The jury found that defendant had proved by a fair preponderance of the credible evidence that, on November 15, 1994, Blanch Erinakes executed her will in accordance with the provisions of G.L. 1956 § 33-5-5. The jury further found, however, that defendant had failed to prove by…”
In re Est. of Ann Marie Picillo, 99 A.3d 975 (R.I. 2014). · cites it 11× “The contestant, who appeared before the Court pro se, asserts that the trial justice erred by: (1) failing to consider whether the will was executed in compliance with G.L.1956 § 33-5-5; (2) concluding that the will was not the product of undue influence; (3) finding the…”
McSoley v. McSoley, 186 A.2d 573 (R.I. 1962). “1956, §33-5-5, is a valid will unless and until it is proved that the testator also had the testamentary capacity required by §33-5-2.”
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