Title 53, Chapter 4, Section 3
( 53-4-3)
No particular form is necessary to constitute a will. To determine
whether an instrument is a will, the test is the intention of the
maker to be gathered from the whole instrument, read in light of the
surrounding circumstances. If the intention is to convey a present
interest, though the possession is postponed until after death, the
instrument is not a will. If the intention is to convey an interest
accruing and having effect only at death, the instrument is a will. |