Case Law Update: Will Validity
The testator died domiciled in Illinois. An Illinois court denied the testator’s will probate because the document was not properly executed. The document was then offered for probate in Indiana where the testator owned real property. The Illinois public administrator moved to dismiss the petition and the motion was denied.
On appeal, the intermediate Indiana appellate court in In re Estate of Latek, 960 N.E.2d 193 (Ind. Ct. App. 2012) affirmed, holding that the full faith and credit clause did not obligate Indiana to deny probate to a will disposing of real property in Indiana and validly executed under Indiana law which had been denied probate for lack of due execution in the state of the testator’s residence.
Special thanks to William P. LaPiana (Rita and Joseph Solomon Professor of Wills, Trusts,and Estates, New York Law School) for bringing this case law update to my attention.