Will, Formalities, and Forms –Chapter 4 Estate of Gonzalez (2004) o Elizabeth saw Fermin sign the first filled in form but neither Elizabeth nor anyone else signed the first form as a witness o Instead Elizabeth, joseph, and fermins mother each signed their names as witnesses on the blank form, the one fermin intended to complete more neatly based on what he had written on the first form, but b4 completing the second form, fermin fell ill and died on august 21 2001 Kerry, tara, and Kristen petitioned to probate the first unattested but completed form Todd and Alison, the two kids who were omitted objected o The document that Gonzalez signed does NOT qualify as a will because it was not signed by any witnesses o Therefore in order to be allowed or admitted to probate the document must qualify as a holographic will under the statute o A holographic will is one where the “signature and the material provisions are in the handwriting of the testator” Gurneys argument: Gonzalez did not execute a valid holographic will b/c a material provision of the will—evidence of testamentary intent-appears in the preprinted portion of the document, and was not handwritten The court says that it has not yet addressed the impact that preprinted will forms have on holographic wills: most jurisdictions have dealt with it in two ways: 1. some courts have looked to the preprinted language in order to determine the context of the handwritten words 2. other courts have ignored all of the preprinted words, and determined whether the handwritten words, taken alone, fulfill the requirements of a holographic will. Holding: o Agreed with the Arizona court that held that a person who handwrote his wishes on a preprinted will form had effectuated a valid holographic will because the person’s testamentary intent was clear. o printed portions of a will form can be incorporated into a holographic will where the trial court finds a testamentary intent, considering all of the evidence in the case Final decision: Gonzalez’s handwritten words may be read in the context of the preprinted words, and the probate court could properly find that the document is a valid holographic will