In re Estate of Gonzalez
View opinion on Lexis AdvanceFacts:
Decedent filled out a will form by hand and signed the document but died suddenly shortly thereafter before he redid it neater and got any witnesses to sign it.
Procedural History:
Probate Court found that the will was a valid holographic will.
Issue:
Was decedent's will a valid will?
Plaintiff's Argument:
A material portion of the will—that decedent had testamentary intent—only appeared in the preprinted portion of the will.
Reasoning:
The will is not a valid attested will because no witnesses signed. To be valid then, it must be a holographic will. The UPC only requires that the "material provisions" be handwritten in a holographic will.
While decedent did not handwrite his testamentary intent, what he did write only makes sense in such a context. Thus, by filling in the form, he implicitly adopted and incorporated those material testamentary provisions into his will, making it valid.
Holding:
Yes, decedent's will was valid. Affirmed.