In re Will of Allen

In this case presenting the question of whether a handwritten codicil that referenced a provision of a self-proving will was valid the Supreme Court reversed the decision of the Court of Appeals reversing the order of summary judgment in favor of a propounder, holding that the issue was not appropriate for summary judgment but instead presented a question of fact for the jury to resolve.Sometime after the testator executed a properly attested self-proving will a handwritten notation was added to the will. If a valid codicil, the notation modified the will and disinherited the caveators in favor of the proponent. The superior court granted summary judgment in favor of the proponent and ordered that the will be probated as modified by the codicil. The Court of Appeals reversed and directed the trial court to grant summary judgment for the caveators. The Supreme Court reversed, held (1) the self-proving will and the holographic codicil together clearly evidenced testamentary intent by simply referencing the applicable portion of the will to amend; but (2) a genuine issue of material fact existed as to whether the phrase “begin[n]ing 7-7-03” showed the testator’s then-present testamentary intent. View "In re Will of Allen" on Justia Law