Holographic Wills & Testamentary Intent

In a student note, J.M. Robinette discusses the case of Edmundson v. Estate of Fountain, No. 03-1459, 2004 WL 1475423, Ark. July 1, 2004.  Wills — Holographic Wills and Testamentary Intent — Extrinsic Evidence is Inadmissible to Prove Testamentary Intent for Holographic Wills Lacking Words of Disposition, 27 U. Ark. Little Rock L. Rev. 545 (2005).

Here is the introduction of this article:

Few civil matters are as controversial as will disputes. These cases often pit family member against family member for recognition of their claim to the estate of a deceased loved one. Unlike formal wills in which ceremonial formalities prove the intention of the testator,

when confronted with a holographic will the survivors of the deceased may question the intent of the document. One commentator observed that the majority of holographic wills were forgeries. Due to these concerns, holographic wills have great potential to incite disputes over the deceased’s estate. Notwithstanding the potential for controversy, the holographic will survives as an inexpensive means for citizens to avoid intestacy. In fact, provisions for holographic wills are in both the Uniform Probate Code and the Restatement (Third) of Property.

This note will explore the controversy over testamentary intent in holographic wills brought about by the recent Arkansas Supreme Court decision Edmundson v. Estate of Fountain. Section II of this note will provide both the background facts of the case and the reasoning of the Arkansas Court of Appeals. After that, Section III will explore the historical background of the law of holographic wills, the early law in Arkansas and the development of the testamentary intent requirement, and the development of Arkansas law regarding the proof of testamentary intent. Next, Section IV will trace the reasoning of the Arkansas Supreme Court’s majority and dissenting opinions in Edmundson. Finally, Section V will comment on the state of the law regarding both admission of extrinsic evidence to prove testamentary intent and the substantive facial requirements for a valid holographic will.