Vermont Statutes Annotated

Vt. Stat. Ann. tit. 14, § 5 (2026)

Execution of will; requisites

✓ current as of May 2026

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(Cite as: 14 V.S.A. § 5)

§ 5. Execution of will; requisites

(a) A will shall be:

(1) in writing;

(2) signed in the presence of two or more credible witnesses by the testator or in the testator’s name by some other person in the testator’s presence and by the testator’s express direction; and

(3) attested and subscribed by the witnesses in the presence of the testator and each other.

(b) During the period that the Emergency Administrative Rules for Remote Notarial Acts adopted by the Vermont Secretary of State (the Emergency Rules) are in effect, the witnesses to a will signed in conformity with the Emergency Rules and pursuant to the self-proving will provisions of section 108 of this title shall be considered to be in the presence of the testator and each other whether or not the witnesses are physically present with the testator or the notary. (Amended 2005, No. 106 (Adj. Sess.), § 1; 2017, No. 195 (Adj. Sess.), § 1; 2019, No. 96 (Adj. Sess.), § 1, eff. April 28, 2020.)

Notes of Decisions

Cited in 7 cases (1 in the last 5 years), 1990–2024 · leading case: In re Est. of Cote, 2004 VT 17 (Vt. 2004).

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In re Est. of Cote, 2004 VT 17 (Vt. 2004). · cites it 3× “After Cote’s wife died, he reestablished a relationship he had with appellant many years earlier. Eventually, Cote gave appellant a diamond ring, and they planned to marry.”

In re Appeal of the Est. of Elaine A. Holbrook Late of Salisbury, Vermont (David Holbrook, Cheryl Holbrook & Charles Holbrook III, Appellants), 2016 VT 13 (Vt. 2016). · cites it 2× “”) (emphasis in original); see also 14 V.S.A. § 5 (stating that a will is not valid unless in writing, signed by testator, and witnessed).”

William Strong v. Edward D. Fitzpatrick & Bergeron, Paradis & Fitzpatrick, LLP, 169 A.3d 783 (Vt. 2017). · cites it 2× “See 14 V.S.A. § 5 ("[A] will shall not pass any real or personal estate, or charge or affect the same, unless it is in writing and signed by the testator.”

Eckstein v. Est. of Dunn, 816 A.2d 494 (Vt. 2002). “14 V.S.A. § 5. In this case, the record indicates that the will was clearly signed by the testator and properly witnessed by three competent, nonbeneficiary witnesses.”

In Re Est. of Tucker, 2011 VT 54 (Vt. 2011). “The probate court concluded that the will was properly executed in accordance with 14 V.S.A. § 5; however, it also found that testator was not able to recall to mind the nature and extent of his property, nor was he able to dispose of his property in accordance with “some plan…”

In Re Est. of Clifford Patterson, Jr. (Vt. 2024). · cites it 3× “The court further found that the will was not attested to by the witnesses as required by 14 V.S.A. § 5. The court also determined that the will was not delivered to the probate division until May 2023, which further undermined its authenticity.”

In re Est. of Blais, 583 A.2d 1275 (Vt. 1990). “The requirement of signatures of three attesting witnesses for a valid will under 14 V.S.A. § 5 is in accord with the United States Constitution, which leaves to the states to determine the requirements for testamentary transfers.”

— Vt. Stat. Ann. tit. 14, § 5(a) — 1 case

In Re Est. of Clifford Patterson, Jr. (Vt. 2024). “The court further found that the will was not attested to by the witnesses as required by 14 V.S.A. § 5. The court also determined that the will was not delivered to the probate division until May 2023, which further undermined its authenticity.”

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