Holographic will on cigarette pack?

After Decedent’s death, a cardboard cigarette carton was admitted for probate as Decedent’s will.  The cigarette carton named beneficiaries of Decedent’s estate (none of whom were heirs of Decedent), contained the Decedent’s signature, and had the heading “FIRST AND LAST ONLY WILL DRAFT?”  The cigarette carton document did not specify the property to go the proposed beneficiaries.    

Decedent’s intestate heirs appealed the decree of probate and the orphan’s court found that the cigarette carton document was not a valid will.  The beneficiaries under the cigarette carton document appealed the orphan’s court finding.

The court found that the cigarette carton document was not a valid will.  There was no positive disposition of property because of the non-specificity of the property to be distributed to beneficiaries.  Also, the document lacked testamentary intent because of the inclusion of the word “DRAFT.”  Without a positive disposition of property and testamentary intent, the document could not be a valid will.

In re Estate of Norman F. Shelly, 2008 PA Super 116.

For a more detailed discussion of this case, see Colliton on a Cigarette Carton Will Contest,  PA Elder, Estate & Fiduciary Law Blog, June 23, 2008.

Special thanks to Neil E. Hendershot, Esq. (Attorney at law, Goldberg Katzman, P.C., Adjunct Professor, Widener University School of Law) for bringing this case and article to my attention.