In re Estate of Duke

The testator in this case prepared a holographic will providing that, if he and his wife died at the same time, specific charities would inherit his estate and providing that his wife would inherit his estate if he predeceased her. The will contained no provision addressing the disposition of the testator’s estate if he lived longer than his wife. The testator’s wife predeceased him. The courts below entered judgment in favor of the heirs at law and against the charities, finding that the testator died intestate. Specifically, the courts excluded extrinsic evidence of the testator’s intent, concluding that the will was unambiguous and failed to provide for the circumstance in which the testator’s wife predeceased him. The Supreme Court reversed, holding that an unambiguous will may be reformed to conform to the testator’s intent if clear and convincing evidence establishes that the will contains a mistake in the expression of the testator’s intent at the time the will was drafted and also establishes the testator’s actual specific intent at the time the will was drafted. Remanded for the trial court’s consideration of extrinsic evidence. View "In re Estate of Duke" on Justia Law