Estate of Gonzalez case brief summary
855 A.2d 1146 (2004)
CASE FACTS
The decedent had filled in certain blank spaces in a preprinted will form with various bequests. He then signed the form. The trial court found this to have been a valid holographic will. The will did not qualify as a will under Me. Rev. Stat. Ann. tit. 18, § 2-502 (1998) because it was not signed by any witnesses. The children argued that the will was not a valid holographic will because a material provision of the will-evidence of testamentary intent-appeared in the preprinted portion of the document, and was not handwritten. They maintained that the handwritten words were a list of what the decedent wanted to do with his property, but the handwritten words did not indicate that the conveyances were testamentary in nature.
DISCUSSION
CONCLUSION
The judgment was affirmed.
Suggested Study Aids For Wills, Trusts & Estate Law
855 A.2d 1146 (2004)
CASE SYNOPSIS
Appellee beneficiaries of
a holographic will petitioned to probate the will. Appellant children
of the decedent moved for summary judgment, arguing that the will was
not a valid holographic will. The York County Probate Court (Maine)
denied the motion, and found that the will was a valid holographic
will. The children appealed.CASE FACTS
The decedent had filled in certain blank spaces in a preprinted will form with various bequests. He then signed the form. The trial court found this to have been a valid holographic will. The will did not qualify as a will under Me. Rev. Stat. Ann. tit. 18, § 2-502 (1998) because it was not signed by any witnesses. The children argued that the will was not a valid holographic will because a material provision of the will-evidence of testamentary intent-appeared in the preprinted portion of the document, and was not handwritten. They maintained that the handwritten words were a list of what the decedent wanted to do with his property, but the handwritten words did not indicate that the conveyances were testamentary in nature.
DISCUSSION
- The appellate court held that printed portions of a will form could be incorporated into a holographic will where the trial court found a testamentary intent, considering all of the evidence.
- The preprinted portions of the form at issue stated testamentary intent, and because the blanks in those portions were filled in by the decedent's handwriting, they became a valid statement of testamentary intent sufficient for a holographic will.
CONCLUSION
The judgment was affirmed.
Suggested Study Aids For Wills, Trusts & Estate Law
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