In re Estate of Gonzalez
822 A.2d 1147 (2004)
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Rule of Law:
A will written on a preprinted form may qualify as a valid holographic will if the material provisions are in the testator's handwriting; the preprinted text can be considered to provide context and establish testamentary intent.
Facts:
- Before a trip to Florida, Fermín Gonzalez obtained two copies of a preprinted will form.
- On one copy, Gonzalez handwrote his testamentary wishes, including the appointment of personal representatives and the distribution of his real and personal property to his daughters and others.
- Gonzalez signed this filled-out document in the presence of his brother Joseph and sister-in-law Elizabeth.
- This document was not signed by any witnesses.
- Gonzalez showed them a second, blank copy of the form, which he asked his brother, sister-in-law, and mother to sign as witnesses, intending to neatly copy his wishes onto it later.
- Gonzalez became ill and died suddenly on August 22, 2001, before he could transfer the provisions to the blank, signed form or have the filled-out form properly witnessed.
Procedural Posture:
- Three of Fermín Gonzalez’s daughters petitioned the York County Probate Court (a trial-level court) to probate their father's will.
- Todd and Alison Gurney, two of Gonzalez's other children, moved for summary judgment, asserting the document was not a valid holographic will.
- The Probate Court denied the Gurneys' motion and, after a trial, found the will was a valid holographic will.
- The Gurneys, as appellants, appealed the Probate Court's judgment to the Supreme Judicial Court of Maine.
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Issue:
Does a will written on a preprinted form, where the testator fills in the dispositive provisions by hand, qualify as a valid holographic will under a statute requiring 'material provisions' to be in the testator's handwriting, even if the preprinted text is necessary to establish testamentary intent?
Opinions:
Majority - Alexander, J.
Yes. A will on a preprinted form can be a valid holographic will, and the printed portions can be incorporated to establish testamentary intent. The Maine statute, based on the Uniform Probate Code, only requires that the 'material provisions' be in the testator's handwriting, not the entire will. The court adopts the approach from an Arizona case, Estate of Muder, holding that handwritten provisions may draw testamentary context from the printed language on the form. The court should not ignore the preprinted words when the testator clearly did not. The preprinted introductory phrases, when filled in by the testator, become a valid part of the holographic will. This interpretation is consistent with the long-standing judicial policy of upholding wills to honor the testator's intent whenever possible.
Analysis:
This decision clarifies Maine's approach to holographic wills on commercial forms, adopting the more lenient 'incorporation' or 'context' theory over the stricter 'surplusage' theory. By allowing courts to consider preprinted text to establish testamentary intent, the ruling makes it easier for laypersons' wills to be validated, prioritizing the testator's evident intent over strict compliance with formalities. This sets a precedent that Maine courts will look at the entire document holistically to understand the testator's plan, rather than mechanically invalidating a will because essential, but formulaic, language was not handwritten. The decision increases the likelihood that improperly executed but clearly intended wills on preprinted forms will be given effect.
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