Vermont Will and Trust Laws: Witnesses, Self-Proved Wills (2026)

In Vermont, every individual 18 or older (or emancipated by court order) who is of sound mind may make a will in writing (14 V.S.A. 1), and the will must be signed in the presence of two or more credible witnesses, who attest and subscribe it in the presence of the testator and each other (14 V.S.A. 5(a)). No notary is needed for the will to be valid; a notary or other official authorized to administer oaths is used only if the will is made self-proved (14 V.S.A. 108). Revocable living trusts are governed by the Vermont Trust Code, Title 14A of the Vermont Statutes.

Vermont's signing rule is one of the stricter ones among the wills and trusts laws by state: the witnesses must be present together with the testator, and Chapter 1 of Title 14 contains no exception for a handwritten will other than the military savings clause in section 7(a).

Information last verified on 2026-10-20. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Vermont statutes on making, signing, changing and revoking wills (14 V.S.A. Chapters 1, 3 and 42, and section 2329) and on revocable living trusts (the Vermont Trust Code, 14A V.S.A.). It does not cover what happens when someone dies without a will or how estate administration works (see Vermont probate), small-estate procedures (see the Vermont small estate affidavit page), powers of attorney (see Vermont power of attorney laws), or taxes. A living will is a health-care directive, not a will; see the Vermont advance directive tool.

What makes a will valid in Vermont?

Who may make a will

Section 1 of Title 14 is one sentence: "Every individual 18 years of age or over or emancipated by court order who is of sound mind may make a will in writing."

Writing, signature and witnesses

Section 5(a) sets the execution rule:

"(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." (14 V.S.A. 5(a))

Three requirements follow from the text:

• Signing before the witnesses. The testator (or another person signing in the testator's name, in the testator's presence and by express direction) signs in the presence of the witnesses.
• At least two credible witnesses. The statute says "two or more."
• Witnesses sign together. The witnesses attest and subscribe in the presence of the testator and of each other.

Section 5(a) has no notary requirement and does not require the testator to declare the document to be a will.

Interested witnesses

Vermont does not void a will because a beneficiary witnessed it, but it puts the beneficiary's gift at risk. Under 14 V.S.A. 10:

"Any beneficial devise or legacy made or given in a will to a subscribing witness to the will or to the spouse of a subscribing witness shall be voidable unless there are two other competent, subscribing witnesses to the will. Notwithstanding this section, a provision in the will for payment of a debt shall not be void or disqualify the creditor as a witness to the will." (14 V.S.A. 10)

The word is "voidable," not void, and the gift is safe if two other competent witnesses also subscribed the will. A creditor who witnesses a will that provides for paying the debt is not disqualified.

Wills made outside Vermont

Under 14 V.S.A. 112(a), a will executed outside Vermont "in the mode prescribed by the law, either of the place where executed or of the testator's domicile, shall be deemed to be legally executed," but only if the will "is in writing and subscribed by the testator."

Military wills

Under 14 V.S.A. 7(b), "a military will prepared and executed in compliance with, and containing a provision stating that the will is prepared pursuant to, 10 U.S.C. § 1044d shall be deemed to be legally executed and shall be of the same force and effect as if executed in the mode prescribed by the laws of this State." Section 7(a) adds that Chapter 1 "shall not prevent a person in active military service from disposing of his or her estate as he or she might otherwise have done."

Does a Vermont will need to be notarized? Self-proved wills

No. Notarization is not part of section 5(a). It is used to make a will self-proved under 14 V.S.A. 108:

"A will may be self-proved as to its execution, by the sworn acknowledgment of the testator and the witnesses, made before a notary public or other official authorized to administer oaths in the place of execution in the following circumstances:" (14 V.S.A. 108)

The acknowledgment covers four facts listed in the section: (1) the testator signed the will, or expressly directed another to sign, in the presence of two witnesses; (2) the signing was the testator's "free and voluntary act for the purposes expressed in the will"; (3) each witness signed at the testator's request, in the testator's presence and in the presence of the other witness; and (4) to the best of each witness's knowledge, the testator was at least 18 or emancipated by court order, "of sound mind and under no constraint or undue influence." Section 108 lists those facts rather than a fill-in form.

Proving a will is a separate question when witnesses cannot testify. Under 14 V.S.A. 110, when a will cannot be proved as otherwise provided "because one or more of the subscribing witnesses are unavailable or incapable of testifying, the court may admit the will to probate upon the testimony in person or by affidavit of at least one credible disinterested individual that the signature to the will is in the handwriting of the person whose will it purports to be." How probate works from there is covered on the Vermont probate page.

Are handwritten (holographic) wills valid in Vermont?

Not as a Vermont-made will without witnesses. Section 5(a) requires every will to be signed in the presence of two or more credible witnesses who subscribe it in the presence of the testator and each other, and Chapter 1 of Title 14 contains no exception for a will written in the testator's own hand other than the military savings clause in section 7(a), which provides that Chapter 1 "shall not prevent a person in active military service from disposing of his or her estate as he or she might otherwise have done." A handwritten will that is signed and witnessed under section 5(a) is valid like any other will.

The one route for an unwitnessed handwritten will made elsewhere is section 112(a): a will executed outside Vermont in the mode prescribed by the law of the place where it was executed, or of the testator's domicile, is treated as legally executed if it is "in writing and subscribed by the testator."

Are oral (nuncupative) wills valid?

No. Section 1 allows a person to "make a will in writing," and section 5(a)(1) requires a will to be "in writing." An oral will does not meet either section. Section 7(a) separately provides that Chapter 1 "shall not prevent a person in active military service from disposing of his or her estate as he or she might otherwise have done."

Electronic wills and remote witnessing

The general rule: paper and physical presence

Chapter 1 of Title 14 contains no electronic-will provision, and Vermont's Uniform Electronic Transactions Act carves wills out. Under 9 V.S.A. 272(b)(1), the act "does not apply to: (1) a transaction to the extent it is governed by a law governing the creation and execution of wills, codicils, or testamentary trusts." Section 5(a) requires the witnesses to subscribe in the presence of the testator and each other.

The COVID-era subsection, 14 V.S.A. 5(b), is now historical

In 2020 the legislature added a second subsection to section 5. Act 96 (2019 Adjourned Session) took effect on passage, April 28, 2020. Subsection (b) is still printed in the code:

"(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." (14 V.S.A. 5(b))

The subsection has no end date of its own. By its words it operated only "during the period" that the Secretary of State's emergency rules for remote notarial acts "are in effect," and only for a will "signed in conformity with the Emergency Rules and pursuant to" the self-proving provisions of section 108.

That period has passed. The Office of Professional Regulation, part of the Secretary of State's office, adopted remote-notarization rules as emergency rules in March 2020 and re-adopted them as emergency rules through 2024; the last one in the Secretary of State's rules service, 24-E07, was posted August 31, 2024. Under 3 V.S.A. 844(b), "Emergency rules adopted under this section shall not remain in effect for more than 180 days." Permanent Administrative Rules for Notaries Public took effect February 26, 2025, and the rules service lists no later notary emergency rule.

Section 5(b) is still printed in the code, but it describes a past window that opened April 28, 2020, not a current route. For a will signed now, section 5(a) requires the witnesses to attest and subscribe in the presence of the testator and each other.

Remote notarization is a different thing

Vermont separately allows remote online notarization. Under 26 V.S.A. 5379(a), effective July 1, 2022, "A remotely located individual may comply with section 5364 of this chapter by using communication technology to appear before a notary public with a special commission endorsement." That section concerns appearing before a notary; it does not mention wills or will witnesses, and it does not change the witness rule in 14 V.S.A. 5(a).

Changing or revoking a Vermont will

Revocation by a later will or by a physical act

Under 14 V.S.A. 11(a):

"(a)(1) A will is revoked: (A) by executing a subsequent will that revokes the previous will expressly or by inconsistency; or (B) by performing a revocatory act on the will, if the testator performed the act with the intent and for the purpose of revoking the will or part or if another individual performed the act in the testator's conscious presence and by the testator's direction. (2) As used in this subsection, 'revocatory act on the will' includes burning, tearing, canceling, obliterating, or destroying the will or any part of it." (14 V.S.A. 11(a))

Section 11 also sets two presumptions about a later will. A later will that makes a complete disposition of the estate is presumed to replace the earlier one (11(b)); a later will that does not is presumed to supplement it, revoking the earlier will only to the extent of any inconsistency (11(c)). Either presumption can be rebutted by clear and convincing evidence.

Divorce

Vermont's divorce rule for wills is in 14 V.S.A. 320:

"A final divorce or dissolution order from any state shall nullify a gift by will to an individual who was the decedent's spouse at the time the will was executed and any nomination of the spouse as executor, executrix, trustee, guardian, or other fiduciary as named in the will, if the decedent was no longer married to or in a civil union with that individual at the time of death, unless the decedent's will specifically states to the contrary." (14 V.S.A. 320)

Read closely, the section has four conditions: a final divorce or dissolution order from any state; a person who was the spouse when the will was signed; no marriage or civil union between them at the time of death; and no specific contrary statement in the will. Section 320 speaks only of a gift "by will" and a nomination "as named in the will." It does not mention revocable trusts, life insurance, retirement accounts or other beneficiary designations, so the will rule alone does not settle what happens to those.

Children omitted from the will

• Child born after the will. Under 14 V.S.A. 332, when a child is born after the will is made and the will makes no provision for the child, the child takes "the same share in the estate of the testator as if the testator had died intestate unless it is apparent from the will that it was the intention of the testator that provision should not be made for the child."
• Child omitted by mistake. Under 14 V.S.A. 333, a child, or the descendants of a deceased child, omitted from the will by mistake or accident takes the same share as if the testator had died intestate.

The intestate shares these sections refer to are explained on the Vermont probate page.

Unlawful killing

Under 14 V.S.A. 322, a person who would inherit or take under the decedent's will forfeits that share, which passes to the remaining heirs or beneficiaries, "if the individual intentionally and unlawfully kills the decedent." A parallel trust rule, 14A V.S.A. 418, applies to interests in a trust.

Limits on what a Vermont will can do

Spouse's elective share. A testator cannot simply leave out a spouse. Under 14 V.S.A. 319(a), "Subject to subsection (d) of this section, a surviving spouse may elect to waive the provisions of the decedent's will and in lieu thereof elect to take one-half of the balance of the probate estate, after the payment of allowances, claims, and expenses." The statute measures the share by the balance of the probate estate, not by an augmented estate.

The timing is set by the court process. Under 319(e), the court must give the surviving spouse a notice of rights within 30 days after the initial inventory is filed, and, unless the court orders otherwise, the spouse must file a written election within four months of the later of service of that notice or service of the inventory. The spouse must be living when the election is made (319(b)).

Waivers. Under 14 V.S.A. 323(a), "At any time before or during a marriage, a spouse may waive the right to an elective share of a deceased spouse's estate, waive the right to a homestead or other allowance, and waive any other spousal rights or interest in property, in whole or in part, by a written instrument signed by the waiving spouse." Section 323(b) presumes such a waiver valid unless the contesting party shows it was involuntary, unconscionable, signed without fair and reasonable disclosure, or signed without an opportunity for meaningful access to independent counsel. A spouse who has waived under section 323 may not elect against the will (319(d)).

Omitted children. Sections 332 and 333, described above, protect a child born after the will and a child omitted by mistake or accident.

Keeping and delivering a will

Safekeeping during life. Under 14 V.S.A. 2(a), "A will may be deposited for safekeeping in the Probate Division of the Superior Court for the district in which the testator resides on payment to the court of the applicable fee required by 32 V.S.A. 1434(a)(18)."

After death. Under 14 V.S.A. 103, a person who has custody of a will must, "within 30 days after learning of the death of the testator," deliver it to the Probate Division of the Superior Court where venue lies or to the executor named in the will. A custodian who intentionally refuses to deliver a will after a court order may face civil contempt, and a person harmed by an intentional failure to deliver may sue for damages and injunctive relief (14 V.S.A. 106).

Revocable living trusts in Vermont

The Vermont Trust Code

Title 14A "may be cited as the Vermont Trust Code" (14A V.S.A. 101). It was enacted by Act 20 of 2009 and took effect July 1, 2009, and under 14A V.S.A. 1204(a)(1) it "applies to all trusts created before, on, or after its effective date." Some sections carry their own date limits, such as the revocation default discussed below.

Creating a trust

Under 14A V.S.A. 402(a), "A trust is created only if: (1) the settlor has capacity to create a trust; (2) the settlor indicates an intention to create the trust;" the trust has a definite beneficiary or is a charitable, animal-care or noncharitable-purpose trust, "(4) the trustee has duties to perform; and (5) the same person is not the sole trustee and sole beneficiary of all beneficial interests." Section 401 lists the ways a trust may be created, including by transfer to a trustee during the settlor's lifetime, by declaration, and, since July 1, 2023, by an agent under a power of attorney that expressly grants authority to create the trust.

The will formalities do not carry over to a revocable trust. The creation sections of the Vermont Trust Code (14A V.S.A. 401, 402 and 407) set no witness or notary requirement for a trust instrument. Under 14A V.S.A. 407, "Except as required by a statute other than this title, a trust need not be evidenced by a trust instrument, but the creation of an oral trust and its terms may be established only by clear and convincing evidence."

Capacity

Under 14A V.S.A. 601, "The capacity of a settlor required to create, amend, revoke, or add property to a revocable trust, or to direct the actions of the trustee of a revocable trust, is the same as that required to make a will."

Revocable by default, and how to revoke or amend

Section 602(a) states: "Unless the terms of a trust expressly provide that the trust is irrevocable, the settlor may revoke or amend the trust. This subsection does not apply to a trust created under an instrument executed before the effective date of this title." That effective date is July 1, 2009.

Under 14A V.S.A. 602(c), the settlor may revoke or amend a revocable trust by substantially complying with a method the trust provides. If the trust provides no method, or its method is not expressly made exclusive, the settlor may also use a later will or codicil that expressly refers to and revokes or amends the trust (or specifically devises property that would otherwise have passed under it), or "any other method manifesting clear and convincing evidence of the settlor's intent."

Other people may exercise those powers only within limits. An agent under a power of attorney may do so "only to the extent expressly authorized by the terms of the trust or the power" (602(e)), and a guardian only "with the approval of the Probate Division of the Superior Court supervising the guardianship" (602(f)). For a joint trust holding community property or property held by tenants by the entirety, either spouse may revoke alone but amendment requires both (602(b)(1)). Powers of attorney are covered on the Vermont power of attorney laws page.

Creditors

Under 14A V.S.A. 505(a)(1), "During the lifetime of the settlor, the property of a revocable trust is subject to claims of the settlor's creditors."

Certificate of trust

Vermont's version of the certification of trust is a sworn document. Under 14A V.S.A. 1013(a), the trustee may execute a certificate of trust instead of furnishing a copy of the trust instrument to a non-beneficiary; the trustee's signature "must be under oath before a notary public or other official authorized to administer oaths," and the certificate lists nine items, including the trust's name and date, the settlors, the trustees and an abstract of the provisions authorizing the trustee to act. A certificate may be recorded in the municipal land records (1013(b)). Under 1013(c), "A certificate of trust is conclusive proof as to the matters contained in the certificate," and a party may rely on it unless, among other listed exceptions, the party "has actual knowledge of facts to the contrary."

After the settlor dies: notice and the contest deadline

Under 14A V.S.A. 813(b)(3), a trustee must, "within 60 days after the date the trustee acquires knowledge of the creation of an irrevocable trust, or the date the trustee acquires knowledge that a formerly revocable trust has become irrevocable, whether by the death of the settlor or otherwise," notify the qualified beneficiaries of the trust's existence, the settlor's identity, the right to request a copy of the trust instrument and the right to a trustee's report. This notice duty does not apply to a revocable trust that became irrevocable before July 1, 2009, when the Vermont Trust Code took effect (14A V.S.A. 813(e)).

The contest window is in 14A V.S.A. 604(a):

"(a) A person may commence a judicial proceeding to contest the validity of a trust that was revocable immediately before the settlor's death within the earlier of: (1) three years after the settlor's death; or (2) four months after the trustee sent the person a copy of the trust instrument and a notice informing the person of the trust's existence, of the trustee's name and address, and of the time allowed for commencing a proceeding." (14A V.S.A. 604(a))

Pour-over wills

Vermont's pour-over statute is in the trusts chapter of Title 14, not in the wills chapter. Under 14 V.S.A. 2329, a will may leave property to the trustee of a trust if the trust "is identified in the testator's will and its terms are set forth in a written instrument, other than a will, executed before or concurrently with the execution of the testator's will or in the valid last will of a person who has predeceased the testator." The text lists "before or concurrently with"; it does not cover a trust instrument signed after the will.

The gift "shall not be invalid because the trust is amendable or revocable, or both, or because the trust was amended after the execution of the will or after the death of the testator." But "A revocation or termination of the trust before the death of the testator shall cause the devise or bequest to lapse," unless the will itself "specifically sets forth the terms of the trust," in which case the property is held under a testamentary trust of the testator.

Vermont wills and trusts at a glance

Recent changes

• Act 96 (2019 Adjourned Session). Effective on passage, April 28, 2020, it added 14 V.S.A. 5(b), tied to the Secretary of State's emergency rules for remote notarial acts. The last of those emergency notary rules, 24-E07, was posted August 31, 2024, and permanent Administrative Rules for Notaries Public took effect February 26, 2025.
• Remote online notarization. 26 V.S.A. 5379, added by Act 171 (2021 Adjourned Session), took effect July 1, 2022; it concerns notaries, not will witnesses.
• Trusts created by an agent. Act 60 of 2023 amended 14A V.S.A. 401, effective July 1, 2023, to allow creation of a trust by an agent under a power of attorney that expressly grants that authority.

Making a will in practice

The site's free Vermont will-maker tool can help draft a basic will. Whatever produces the document, signing must follow 14 V.S.A. 5(a): two or more credible witnesses, with the testator signing in their presence and the witnesses subscribing in the presence of the testator and each other. The self-proving acknowledgment under section 108 is a separate, optional step. Complex estates, blended families, business interests or tax questions are reasons to consult a lawyer licensed in Vermont. The tool is not legal advice.

Related pages

• Wills and trusts laws by state
• Vermont probate
• Vermont small estate affidavit
• Vermont power of attorney laws

This article provides general legal information about Vermont law on wills and revocable trusts as of 2026-10-20. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in Vermont or the Probate Division of the Vermont Superior Court.

Last updated: 2026-10-20.

Frequently Asked Questions

How many witnesses does a will need in Vermont?

Two or more credible witnesses. The testator signs in their presence, and the witnesses attest and subscribe the will in the presence of the testator and each other (14 V.S.A. 5(a)). Subsection (b) applied only while the Secretary of State's emergency remote-notarization rules were in effect; permanent notary rules took effect February 26, 2025, so subsection (b) does not reach a will signed now. See the remote witnessing section.

Is a handwritten will valid in Vermont?

Only if it is witnessed like any other will. Section 5(a) requires two or more credible witnesses, and Chapter 1 of Title 14 contains no exception for a handwritten will other than the military savings clause in section 7(a). A will made outside Vermont that was valid where executed, or under the law of the testator's domicile, is honored if it is in writing and subscribed by the testator (14 V.S.A. 112(a)).

Does a will have to be notarized in Vermont?

No. A notary or other official authorized to administer oaths is used only to make a will self-proved under 14 V.S.A. 108, through the sworn acknowledgment of the testator and the witnesses.

Can a beneficiary witness a will in Vermont?

A gift to a subscribing witness, or to the witness's spouse, is voidable unless there are two other competent subscribing witnesses to the will (14 V.S.A. 10). The will itself is not void.

Can I sign a will electronically or with video witnesses in Vermont?

Chapter 1 of Title 14 has no electronic-will provision, and the Uniform Electronic Transactions Act does not apply to the execution of wills (9 V.S.A. 272(b)(1)). Section 5(b) treated witnesses as present without physical presence only while the Secretary of State's 2020 to 2024 emergency remote-notarization rules were in effect. Permanent notary rules took effect February 26, 2025, and a will signed now needs witnesses present under section 5(a).

Does divorce revoke a will in Vermont?

A final divorce or dissolution order nullifies gifts by will to the former spouse and the spouse's nomination as a fiduciary named in the will, if they are no longer married or in a civil union at death, unless the will specifically states otherwise (14 V.S.A. 320). The rest of the will stands, and section 320 does not address trusts or beneficiary designations; see the divorce section.

Is a living trust revocable in Vermont?

Yes, unless its terms expressly make it irrevocable (14A V.S.A. 602(a)). That default does not apply to a trust created under an instrument executed before the Vermont Trust Code took effect on July 1, 2009.

How long do you have to contest a revocable trust in Vermont?

The earlier of three years after the settlor's death or four months after the trustee sent a copy of the trust instrument and the notice described in 14A V.S.A. 604(a).

Can a spouse be left out of a will in Vermont?

A surviving spouse may elect to take one-half of the balance of the probate estate after allowances, claims and expenses instead of the will's provisions (14 V.S.A. 319(a)), unless the spouse waived that right in a signed writing under section 323. The written election is due within four months of the later of service of the notice of rights or service of the inventory, unless the court orders otherwise.