Trust & Estate Outline

Chapter 4: Wills: Formalities and Forms

In Re Groffman (High Court of Justice, England, 1969)

If Groffman died intestate, his wife would take his entire state under law of intestacy. However, if his will was valid, she would only take a life estate in the home and some chattels, while the rest was left to children from a former marriage.

Common to jurisdictions – will MUST be signed by the testator

o Written document must be signed so it is clear and convincing evidence that someone intended a document to be his or her will

• What, then, is a signature?

( Lawyer preparing will, testator’s name is typed under a line where testator is supposed to sign. Testator writes an “X” because that is all he is capable of writing. There are 2 attesting witnesses to the will.

▪ ANYTHING A PERSON INTENDS TO BE A SIGNATURE CAN BE A

SIGNATURE.

o However, if testator expires while signing his name (his name was Patrick and he only got through “Pat”).

▪ This is NOT a valid will because he didn’t intend for “Pat” to be his signature.

• EXAMPLE: Person is sick in the hospital, shaky hand, 2nd wife takes his hand and moves it to sign a different will. No evidence that he asked the wife for help. There would be no act here (he didn’t even do the signature), so we don’t even reach the intent.

• Testator has digitized a scan of his hand-written signature, and in front of 2 witnesses he adds the digitized signature to the word processing document meant to be his will. Prints it out, witnesses sign and attest.

o Under Tenn. statute, signature is any symbol or methodology adopted by a party to authenticate it as a writing

• NY statute 3-2.1: will has to be signed by testator or in the name of the testator by another person in the testator’s presence and by his direction

o Now, you...