The mistakes that most often undo a Vermont will are execution errors: fewer than two credible witnesses, witnesses who did not sign in the testator's presence, or a handwritten will treated as valid when Vermont does not recognize holographic wills. Vermont's execution rule under 14 V.S.A. Section 5 is strict, and DIY drafters trip on it more than any other step.
A DIY will holds up in Vermont when it follows the statute exactly. The errors below are the ones that most often surface in a Vermont probate court, and each is preventable if you catch it before you sign. FastWill's will package is built around Vermont's execution requirements so the witnessing step is not left to guesswork.
Key Takeaways
- Vermont requires two or more credible witnesses who sign in the presence of the testator and each other.
- Vermont does not recognize holographic (handwritten, unwitnessed) wills.
- A missing or defective self-proving affidavit under 14 V.S.A. Section 108 does not void a will, but it slows probate.
- Failing to update a will after marriage, divorce, or a new child is one of the most common Vermont probate disputes.
What witness mistakes invalidate a Vermont will?
Under 14 V.S.A. Section 5, a will must be in writing, signed by the testator or by someone else in the testator's presence and at the testator's express direction, and attested and subscribed by two or more credible witnesses in the presence of the testator and each other. That last phrase, in the presence of each other, is where DIY wills most often fail. Vermont has allowed some remote-witnessing flexibility under emergency administrative rules, but the safest and most defensible approach is to have the testator and both witnesses physically together for the signing.
What happens if the testator's signature is missing or unclear?
A will is not valid without the testator's signature or a signature made by another person in the testator's presence and at the testator's express direction. Vermont courts look closely at whether the direction was clear and contemporaneous. If someone else must sign for you, have both witnesses document exactly how and why the signature was made.
Is a handwritten will valid in Vermont?
No. Vermont does not have a holographic will statute, so a will that is entirely handwritten and signed but not witnessed by two credible witnesses is not valid under Vermont law. This differs from many other states, and it is the single mistake DIY drafters make most often after seeing holographic wills mentioned online as a general rule. In Vermont, the standard two-witness requirement always applies, regardless of whether the document is handwritten or typed.
What ambiguous or contradictory bequests cause disputes?
Leaving property to a group without specifying shares, such as my property to my children without stating equal or unequal portions, or including two clauses that name different people for the same asset, forces a Vermont probate court to interpret intent rather than follow instructions. Name beneficiaries specifically and read the full document once more before signing to catch contradictions between clauses.
Why does a missing residuary clause matter?
A residuary clause catches anything not specifically listed, an account opened after the will was signed, property acquired later, or an asset simply forgotten. Without one, that property passes under Vermont's intestacy rules instead of your will, even if every other clause in the document is valid and clear.
What amendment and revocation mistakes should you avoid?
Handwriting a change directly onto an existing will, or crossing out a name and writing in a new one, does not amend a Vermont will. Valid changes require either a new will or a codicil executed with the same formalities, two credible witnesses and a proper signature. Revocation requires a subsequent will, a written instrument of revocation, or physical destruction with intent to revoke; telling relatives you want it cancelled does not accomplish this under Vermont law.
Should you skip the self-proving affidavit?
A self-proving affidavit lets a Vermont will move through probate without requiring the witnesses to appear in court to testify that the signing was proper. Skipping it does not invalidate the will, but if a witness later moves out of state or dies, the court has to work harder to establish the will was properly executed. Add the affidavit when you sign; it is a short additional step in front of a notary.
What DIY-form errors show up most often?
Using a generic template that does not reflect Vermont's witnessing rules, leaving blank fields instead of marking them not applicable, and failing to name a backup executor are the recurring problems. Read every field before signing and confirm the template you used actually accounts for Vermont's two-witness, in-each-other's-presence requirement.
Why do wills go stale after a life change?
A will drafted before a marriage, divorce, or the birth of a child often does not reflect current intentions, and Vermont has specific rules about how these events affect prior bequests. Review your will after every major life change instead of assuming it still says what you want.
Related Vermont estate planning guides
These mistakes are one part of a full Vermont plan. See the Vermont estate planning overview, the step-by-step guide to making a will in Vermont, what happens if you skip a will under Vermont's intestacy rules, and when a Vermont living trust makes sense alongside a will. For the same errors nationwide, see common will mistakes and how to avoid them.
Once you understand these pitfalls, you can create your will with FastWill and avoid them from the start.
Frequently Asked Questions
Does Vermont recognize handwritten wills?
No. Vermont has no holographic will statute, so any will still needs two credible witnesses who sign in the presence of the testator and each other.
How many witnesses does a Vermont will need?
Two or more credible witnesses, who must sign in the presence of the testator and each other under 14 V.S.A. Section 5.
Does a Vermont will need to be notarized?
No. Notarization is only required for the optional self-proving affidavit, not for the will itself to be valid.
What happens if my Vermont will has no residuary clause?
Any property not specifically named passes under Vermont's intestacy statute instead of your will.
Get your Vermont will right the first time
A DIY will works in Vermont when the witnessing rules are followed exactly. FastWill's will package is structured around Vermont's requirements so you do not guess at the witnessing or self-proving steps.
