The testatrix crossed out phrases in a photocopy of her properly executed will, handwrote additions to the document which she initialed, and then wrote on the photocopy that the will was void and replaced with the copy with the written changes. The testatrix then attempted to create another will on a preprinted form which was not executed with testamentary formalities. After her death, the original will, the photocopy, and the preprinted form were offered for probate. The trial court denied probate to the copy and form and invoked dependent relative revocation to admit the will to probate. In In re Estate of Sullivan, the Minnesota intermediate appellate court affirmed, holding that revocatory acts on a photocopy of a will cannot effect a revocation of the will no matter what the testatrix’s intent and that the only way to create a will under Minnesota statutes is strict compliance with the formalities of execution. In effect, the court rejected the harmless error doctrine. The court also held that because the will was never revoked, the doctrine of dependent relative revocation was irrelevant.
Special thanks to William LaPiana (Professor of Law, New York Law School) for bringing this case to my attention.
