§ 3-2.2 Nuncupative and holographic wills\n (a) For the purposes of this section, and as used elsewhere in this\nchapter:\n (1) A will is nuncupative when it is unwritten, and the making thereof\nby the testator and its provisions are clearly established by at least\ntwo witnesses.\n (2) A will is holographic when it is written entirely in the\nhandwriting of the testator, and is not executed and attested in\naccordance with the formalities prescribed by 3-2.1.\n (b) A nuncupative or holographic will is valid only if made by:\n (1) A member of the armed forces of the United States while in actual\nmilitary or naval service during a war, declared or undeclared, or other\narmed conflict in which members of the armed forces are engaged.\n (2) A person who serves with or accompanies an armed force engaged in\nactual military or naval service during such war or other armed\nconflict.\n (3) A mariner while at sea.\n (c) A will authorized by this section becomes invalid:\n (1) If made by a member of the armed forces, upon the expiration of\none year following his discharge from the armed forces.\n (2) If made by a person who serves with or accompanies an armed force\nengaged in actual military or naval service, upon the expiration of one\nyear from the time he has ceased serving with or accompanying such armed\nforce.\n (3) If made by a mariner while at sea, upon the expiration of three\nyears from the time such will was made.\n (d) If any person described in paragraph (c) lacks testamentary\ncapacity at the expiration of the time limited therein for the validity\nof his will, such will shall continue to be valid until the expiration\nof one year from the time such person regains testamentary capacity.\n (e) Nuncupative and holographic wills, as herein authorized, are\nsubject to the provisions of this chapter to the extent that such\nprovisions can be applied to such wills consistently with their\ncharacter, or to the extent that any such provision expressly provides\nthat it is applicable to such wills.\n
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