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Nebraska Supreme Court Finds Holographic Will Valid

Holographic willIn a recent case reaching the Nebraska Supreme Court, In re Estate of Dorothy Pluhacek, Margaret Hickey, the Provincial Superioress of the Omaha province of the Notre Dame Sisters, appealed the district court’s decision, denying formal probate of a document that Hickey alleged to be the valid will of Dorothy Pluhacek. The district court concluded that the will was not valid under Nebraska Revised Statute § 30-2327 because parts of the will were handwritten and not admissible under Nebraska Revised Statute § 30-2328 as a holographic will. Ultimately, the Nebraska Supreme Court concluded that the will was properly executed under § 30-2327, allowing for formal probate.

See Justice Miller-Lerman, M. Dorothy de North Dakota v. Estate of Pluhacek (In re Estate of Pluhacek), Case Text, April 27, 2017.

Special thanks to Jeffery Davis (Attorney, Smith Schafer Davis Gaertig LLC) for bringing this article to my attention.