Matter of Estate of Muder
765 P.2d 997, 159 Ariz. 173 (1988)
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Rule of Law:
A will prepared on a pre-printed form may be a valid holographic will if the testator handwrites the signature and the material provisions, such as the beneficiaries and the disposition of property. The handwritten provisions may draw testamentary context from the pre-printed language on the form.
Facts:
- On January 26, 1984, Edward Frank Muder filled out a pre-printed will form.
- In his own handwriting, Muder filled in the blanks on the form, designating his beneficiaries and specifying how his estate should be distributed.
- Muder signed the document he had filled out.
- The document was attested by only one witness.
- Edward Frank Muder died on March 15, 1984, survived by his spouse, Retha Muder, and two daughters from a previous marriage, Linda Lind and Janet Hiscoe.
Procedural Posture:
- Retha Muder, the surviving spouse, submitted the purported will to the probate court for admission.
- Linda Lind and Janet Hiscoe, the decedent's daughters, contested the will in the trial court.
- The trial court admitted the will to probate.
- The daughters, as appellants, appealed the decision to the Arizona Court of Appeals.
- A divided Court of Appeals reversed the trial court's judgment, ruling the will was invalid.
- Retha Muder, as petitioner, sought and was granted review by the Supreme Court of Arizona.
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Issue:
Does a document on a pre-printed will form, where the testator handwrites the beneficiaries and the disposition of property but relies on the printed text to establish testamentary intent, qualify as a valid holographic will under A.R.S. § 14-2503?
Opinions:
Majority - Cameron, J.
Yes, a document on a pre-printed form where the material provisions are handwritten by the testator is a valid holographic will. The court first determined the will was invalid as a formal will under A.R.S. § 14-2502 because it lacked the requisite two witnesses. However, under the holographic will statute, A.R.S. § 14-2503, a will is valid if the 'signature and the material provisions are in the handwriting of the testator.' The court held that the legislature's intent, particularly under A.R.S. § 14-1102(B)(2), is to 'discover and make effective the intent of a decedent.' A testator who uses a pre-printed form and handwrites the beneficiaries and the apportionment of the estate has met the statutory requirement. The court reasoned that the handwritten provisions can draw context from the printed language, and there is no need to ignore the printed words when the testator's intent is clear.
Dissenting - Moeller, J.
No, the document does not qualify as a valid holographic will. The right to make a will is strictly statutory, and the document must meet the precise requirements of A.R.S. § 14-2503. The statute requires that the 'material provisions' be in the testator's handwriting. The dissent argues that the printed portions of the form are essential to establish testamentary intent and are therefore 'material provisions' themselves. Since these provisions are not handwritten, the will is invalid. The majority's holding improperly incorporates printed material and amounts to a judicial amendment of the statute, a power that belongs to the legislature. This ad hoc change could prove mischievous in future cases.
Analysis:
This decision significantly liberalized the standard for holographic wills in Arizona by adopting an 'intent' approach over the stricter 'surplusage' test. It established that pre-printed text on a will form does not automatically invalidate a holographic will; instead, the printed text can be used to give context to the handwritten material provisions. This ruling prioritizes the testator's manifest intent over strict statutory formalism, making it easier for wills created using commercial forms to be admitted to probate, even if they are improperly executed as formal wills. The case sets a precedent that affects how courts analyze holographic wills created on non-blank pieces of paper.
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