Marvin Acme’s Will

An attested will must be in writing.  Statutes generally do not specify with what or on what the will must be written.  See UPC § 2-502(a)(1).  Accordingly, a wide variety of unusual wills have found their way into the courts.  Examples of these unique documents include wills written on a nurse’s petticoat, inscribed on a bed post, scratched into the paint of a tractor fender, written on the bottom of a chest of drawers, and etched on an empty egg shell.  Although wills on unusual surfaces and marked with untraditional implements may be legally permitted, wills should be prepared with conventional materials such as 8½” x 11” paper and non-erasable ink.

The 1988 movie Who Framed Roger Rabbit includes an interesting writing as a will.  Marvin Acme’s used “disappearing re-appearing ink” when writing his will.  Although untraditional and subject to proof problems, it would seem that, as in the movie, using this type of ink would be sufficient to satisfy the writing requirement.

Special thanks to Kelln Zimmer (J.D. Candidate, Texas Tech University School of Law) for bringing this plot line to my attention.