DRAFT CSC, Title 23.  Family Law
 
CHAPTER 15
Wills

1901.  Capacity to make will; limitation on disposition of property.
1902.  Wills made under customary or prior written law.
1903.  Definitions.
1904.  Witnesses.
1905.  Execution.
1906.  Holographic will.
1907.  Nuncupative will.
1908.  Wills executed outside the State of Chuuk or under foreign law.
1909.  Application.

      1901.  Capacity to make will; limitation on disposition of property.
     Any person of sound mind 18 eighteen years of age or older may make a will in accordance with the provisions of this Chapter, but such will may only dispose of property which at the time of his death the testator has a right to dispose of without the consent of any other person or any official.

Source:  (TT Code 1966, 344, first sentence.)  13 TTC 1.

      1902.  Wills made under customary or prior written law.
     Nothing in this Chapter shall prevent the making of a will in accordance with the customary or written law of the part of the State of Chuuk Trust Territory in which it is made or in which property covered by it is located, nor shall anything in this Chapter affect the validity of a will made in accordance with such customary or written law.

Source:  (TT Code 1966, 344, second sentence.)  13 TTC 2, modified.

      1903.  Definitions.
     As used in this Chapter the following definitions apply:

     (1)  "Person" includes either man or woman, single or married; and each masculine pronoun  includes the corresponding feminine pronoun.

     (2)  "Will" included codicil.

Source:  (TT Code 1966, 345)  13 TTC 3.

      1904.  Witnesses.

     (1)  Any person competent to be a witnesses generally in the State of Chuuk Trust Territory may act as attesting witness to a will.

     (2)  No will is invalidated because attested by an interested witness, but any interested witness shall, unless the will is also attested by two disinterested witnesses, forfeit so much of the provisions made for him therein as in the aggregate exceeds in value, as of the date of the testator's death, what he would have received had the testator died intestate.

     (3)  No attesting witness is interested unless the will gives to him some personal and beneficial interest.

Source:  (TT Code 1966, 346.)  13 TTC 4, modified.

      1905.  Execution.
     The execution of a will under this Chapter, other than a holographic or nuncupative will, must be by the signature of the testator and of at least two witnesses as follows:

     (1)  Testator.  The testator shall signify to the attesting witness that the instrument is his will and either:

     (a)  himself sign, or

     (b)  acknowledge his signature already made, or,

     (c)  at his direction and in his presence, have someone else sign his name for him.

     (d)   in any of the above cases the act must be done in the presence of two or more attesting witnesses.

     (2)  Witnesses.  The attesting witnesses must sign:

     (a)  in the presence of the testator, and

     (b)  in the presence of each other.

Source:  (TT Code 1966, 347.)  13 TTC 5, Subsections divided further into Paragraphs.

      1906.  Holographic will.
     A holographic will is a will in the handwriting of the testator.  A holographic will may be made under this Chapter without any witness, but the signature and all its material provisions must be in the handwriting of the testator and his handwriting must be proved by two witnesses.

Source:  (TT Code 1966, 348.)  13 TTC 6.

      1907.  Nuncupative will.
 
     (1)  A nuncupative will is an oral will.  A nuncupative will may be made under this Chapter only by a person in imminent peril of death, whether from illness or otherwise, and shall be valid only if the testator dies as a result of the impending peril.  A nuncupative will must be:

     (a)  Declared to be his will by the testator before two disinterested witnesses; and

     (b)  Submitted for probate within six months after the death of the testator unless the court, for good cause, permits it to be submitted later.

     (2)  A nuncupative will made under this Chapter may dispose of personal property only and to an aggregate value not exceeding one thousand dollars.

     (3)  A nuncupative will made under this Chapter neither revokes nor changes an existing written will.

Source:  (TT Code 1966, 349.)  13 TTC 7.

      1908.  Wills executed outside the State of ChuukTrust Territory or under foreign law.
     A will executed outside the State of Chuuk Trust Territory in a manner prescribed by this Chapter or a  written will executed in a manner prescribed by the law of the place of its execution, or by the law of the testator's domicile at the time of its execution, shall have the same force and effect in the State of Chuuk Trust Territory as if executed in the State of Chuuk Trust Territory in compliance with the provisions of this Chapter.

Source:  (TT Code 1966, 350.)  13 TTC 8, modified.

      1909.  Application.
     This Chapter shall not apply to wills executed in the State of Chuuk Trust Territory before the date this chapter takes effect.

Source:  (TT Code 1966, 351.)  13 TTC 9, modified.