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Keywords

summary judgmenttrustwill

probatetrustwillrespondent

Related Cases

Matter of Estate of Wright, 136 Nev. 827, 465 P.3d 1186 (Table), 2020 WL 3447952

Facts

Dorothy E. Wright executed a formal will in September 2011, bequeathing her Colorado property to David Galey, who managed the property but had no familial ties to Wright. After her death in July 2018, her daughter, Beth Elaine Strudley, submitted multiple testamentary documents to the court, including the original will and two handwritten documents from 2017 and 2018 that altered the distribution of Wright's assets. Galey contested the validity of the handwritten documents, arguing they were the result of undue influence and constituted a living trust rather than a will.

After Wright's death on July 2, 2018, her only surviving child, respondent Beth Elaine Strudley, submitted three potential testamentary documents to the district court and requested probate of her mother's estate.

Issue

The main legal issues were whether the handwritten documents constituted a valid holographic will that revoked the September 2011 will and whether they were created under undue influence.

Rule

A holographic will is valid if the signature, date, and material provisions are in the testator's handwriting, and the intention of the grantor can be derived from the entire instrument. A will may be revoked by a subsequent will, even if not explicitly stated.

A holographic will is a will in which the signature, date and material provisions are written by the hand of the testator, whether or not it is witnessed or notarized.

Analysis

The court determined that the handwritten documents met the requirements of a holographic will as they contained Wright's handwriting and demonstrated her intent to distribute her property after death. The court found that the language used in the documents indicated testamentary intent, despite Galey's argument that they created a living trust. The court also concluded that the handwritten documents impliedly revoked the prior will due to their conflicting provisions.

Conclusion

The district court's summary judgment was affirmed, ruling that the handwritten documents constituted a valid holographic will that revoked the September 2011 will.

Thus, we conclude that the district court did not err by finding that the two handwritten documents created a holographic will instead of a trust.

Who won?

Beth Elaine Strudley prevailed in the case because the court found that the handwritten documents were valid as a holographic will and that they revoked the prior will, reflecting Wright's true intentions.

Strudley argues that the district court properly found that the two handwritten documents formed a holographic will under NRS 133.090.

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