[WSBAPT] Validity of Will

[John J. Sullivan]

James:

Correct me if my recollection is wrong, but I believe there are cases where a revocation is found even if the revocation itself does not meet the formal requisites. I do not believe pencilled margin notes and interlineations can ever serve as a modification. 

As an evidentiary matter you may need a handwriting expert's testimony. 

What does your client want? If client doesn't want the Will to be accepted, what might be advisable would be to file the Will in the probate with a Declaration/Affidavit indicating belief that the markings in pencil constitute a revocation. Give the beneficiaries notice. Then they can argue for its admission if they choose and have time. 

John Sullivan

Sent from my iPhone

> On Jun 26, 2017, at 10:38 AM, James Bates <James.Bates at lucelawfirm.com> wrote:
> 
> Party executes what appears to be a valid will in 1991.  All statutory requirements for will creation are met.
>  
> Sometime after that someone…I’m assuming the decedent…wrote all over the will in pencil.  Changes included who will serve as executor, distribution, etc.  Of course these changes are not witnessed, signed, initialed, etc.
>  
> We originally opened the probate as an intestate estate and recently discovered this document.  Estate is rather small and, of course, distribution is different between the original will, the changes, and intestate succession.
>  
> In my opinion the pencil changes are not valid; however, I’m looking for input/suggestions as to how to proceed.  Do I admit the will as written in 1991, or can an argument be made that the pencil changes revoked the will? 
>  
> Thanks for any input/suggestions/help.
>  
> James Bates, Attorney
> Luce & Associates, P.S.
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