In re Estate of Gonzalez
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.
Probate Court found that the will was a valid holographic will.
Was decedent's will a valid will?
A material portion of the will—that decedent had testamentary intent—only appeared in the preprinted portion of the will.
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.
Yes, decedent's will was valid. Affirmed.