Wills in Connecticut: Requirements and Rules
Wills in Connecticut: Requirements and Rules
A valid Connecticut will must be in writing, signed by the testator, and attested by two witnesses who each sign in the testator’s presence. CGS 45a-251 sets out these requirements. There are no exceptions for handwritten wills, digital wills, or video recordings. Connecticut enforces its execution formalities strictly, and a will that fails any one of them is void.
Who Can Make a Will
Any person who is at least 18 years old and of sound mind may make a will in Connecticut (CGS 45a-250). “Sound mind” means the testator understands, at the time of signing, the nature and extent of their property, the natural objects of their bounty (the people who would ordinarily inherit), and the effect of the will itself.
A person does not need to be free of all mental illness or cognitive decline. The relevant question is whether the testator had sufficient mental capacity at the moment they signed. Someone with early-stage dementia may still have testamentary capacity on a good day; someone without any diagnosis may lack capacity due to medication or acute illness.
Execution Requirements
CGS 45a-251 requires:
- In writing. The will must be a written document. Connecticut does not accept oral (nuncupative) wills under any circumstances.
- Signed by the testator. The testator must subscribe (sign) the will. Another person may sign on the testator’s behalf if they do so at the testator’s direction and in the testator’s presence.
- Attested by two witnesses. Each witness must sign the will in the testator’s presence.
The statute does not require the witnesses to sign in each other’s presence, only in the testator’s presence. It does not require the testator to sign in front of the witnesses, though doing so is standard practice because it eliminates any question about whether the document the witnesses attested is the same one the testator signed.
There is no requirement that the will be notarized. Notarization becomes relevant only if the testator wants to include a self-proving affidavit.
What “In the Testator’s Presence” Means
Connecticut courts interpret “presence” to mean the testator could see the witnesses sign, or at least was in a position to see them if they looked. The witnesses do not need to be standing directly over the testator. Signing in the next room, behind a closed door, or around a corner will likely fail the presence requirement.
Self-Proving Affidavits
A self-proving affidavit is a sworn statement, signed by the witnesses before a notary public or commissioner of the Superior Court, confirming that the will was properly executed (CGS 45a-285). It serves a practical purpose: when the will is submitted for probate, the affidavit substitutes for live testimony from the witnesses.
Without a self-proving affidavit, the probate court must obtain testimony from the witnesses (or, if they are unavailable, from other evidence of due execution). This can cause delays, especially if the witnesses have moved, cannot be found, or have died.
A self-proving affidavit does not make a will “more valid.” It simply streamlines probate. Including one is standard practice and costs nothing extra at the time of execution.
Holographic Wills: Not Recognized
Connecticut does not recognize holographic wills. A holographic will is one written entirely in the testator’s handwriting, without witnesses. Some states accept them. Connecticut does not, regardless of how clear the testator’s intent may be.
If a relative dies and the family finds a handwritten document labeled “My Last Will and Testament” in a desk drawer, that document cannot be probated in Connecticut unless it was also signed by two witnesses in the testator’s presence. This catches people off guard, particularly families relocating from states that do accept holographic wills.
Out-of-State Wills
A will that was validly executed under the laws of the state or country where it was signed may be admitted to probate in Connecticut (CGS 45a-251). This means a holographic will executed in a state that permits them (such as Virginia or Texas) can be probated in Connecticut to pass Connecticut property.
This rule applies to the formal requirements of execution only. The substantive provisions of the will (who gets what) are governed by different choice-of-law rules: Connecticut law controls the disposition of real property located in Connecticut, while the law of the testator’s domicile typically controls personal property.
Revocation
A will may be revoked in two ways under CGS 45a-257:
By physical act. The testator may revoke the will by burning, canceling, tearing, or obliterating it. Someone else may perform the physical act if done in the testator’s presence and at the testator’s direction. Simply crossing out a paragraph or writing “void” on one page does not necessarily revoke the entire will; the intent and extent of the act matter.
By a later will or codicil. Executing a new will that expressly revokes all prior wills is the cleanest method. A later will that does not contain a revocation clause may still revoke an earlier one to the extent the two conflict, but partial revocation by inconsistency creates complications best avoided.
Divorce does not automatically revoke a will in Connecticut, though it does revoke provisions in favor of the former spouse under certain circumstances. Separation without divorce has no effect on the will at all.
Pretermitted Spouse
If you marry after executing your will and do not update it to include your new spouse, CGS 45a-257a protects the surviving spouse. The omitted (“pretermitted”) spouse receives the share they would have received if you had died without a will (an intestate share), unless:
- The will shows the omission was intentional, or
- You provided for the spouse by transfer outside the will (such as a trust or life insurance) and the intent that the transfer substitute for a will provision can be shown.
A spouse who receives a share under the pretermitted spouse statute cannot also elect a statutory share under CGS 45a-436. These are alternative remedies.
Pretermitted Children
CGS 45a-257b provides similar protection for children born or adopted after the will was executed. The calculation depends on whether the testator had living children at the time of execution.
If the testator had no living children when they made the will, the omitted after-born child receives an intestate share. If the testator already had children who were provided for in the will, the after-born child shares proportionally with those children, drawing from the existing bequests to the testator’s then-living children.
This statute also covers children born through assisted reproduction and children born after the testator’s death. A child the testator believed to be dead at the time of execution is treated the same as an after-born child.
The exceptions mirror those for pretermitted spouses: intentional omission apparent from the will, or provision by transfer outside the will.
Common Mistakes That Invalidate Wills
Only one witness. Two are required. A will signed by the testator alone, or with only one witness, is void.
Witnesses did not sign in the testator’s presence. The witnesses must sign while the testator is present. Having witnesses sign later, in a different room, or at a different time invalidates the will.
Using a beneficiary as a witness. Connecticut does not void the will itself, but CGS 45a-258 provides that a beneficial gift to a witness (or the witness’s spouse) is void unless the will can be proved without that witness’s testimony, or unless the witness would have taken a share by intestacy. The safest practice: never use a beneficiary or a beneficiary’s spouse as a witness.
Relying on a handwritten will. As discussed above, Connecticut does not recognize holographic wills.
Failing to include a residuary clause. Without one, any property not specifically devised passes by intestacy, even if the testator assumed the will covered everything.
Electronic signatures. Connecticut has not enacted legislation authorizing electronic wills. A will signed electronically or stored only in digital form is not valid.
When to Update Your Will
Certain life events should trigger a review:
- Marriage or divorce
- Birth or adoption of a child
- Death of a named beneficiary, executor, or guardian
- Significant change in assets (purchase or sale of real estate, inheritance, business formation)
- Move to or from Connecticut
- Change in tax law affecting your estate
The pretermitted spouse and child statutes provide a safety net, but relying on them is not a plan. They produce results that may not match what the testator would have wanted, and they create disputes and litigation costs. Updating the will after a major life event is always the better approach.
Working with an Attorney
Connecticut does not require that a will be prepared by an attorney. But the execution requirements leave no room for error, and the interplay between the will, the elective share statute, beneficiary designations, and trust provisions requires legal knowledge to coordinate. An attorney can also ensure the will addresses Connecticut-specific issues like the probate fee structure, the right of the surviving spouse to elect against the will, and the appointment of a guardian for minor children.
For the surviving spouse’s right to elect against the will, see the elective share. For what happens when someone dies without a will, see intestacy rules. For powers of attorney and health care directives that should accompany a will, see Connecticut powers of attorney and health care directives.