Keeping Current—Probate offers a look at selected recent cases, rulings and regulations, literature, and legislation. The editors of Probate & Property welcome suggestions and contributions from readers.
CODICIL: Reference to text of attested will prevents handwritten instrument from being codicil. A Testator’s attested typewritten will contained handwritten words signed by the testator stating that “beginning” on a certain date Article IV of the will was void. The trial court probated the handwriting as a codicil to the will and the beneficiaries of Article IV filed a caveat. The appellate court upheld the caveat, holding that under well-established North Carolina precedent, the instrument was not a valid holographic codicil to the typewritten will because its meaning can be understood only by reference to the will and does not itself make a testamentary disposition. In addition, there was no evidence that the handwritten date is the date the testator signed it. If signed earlier, the words might refer only to an intent to make a testamentary disposition in the future. In re Will of Allen, 801 S.E.2d 380 (N.C. Ct. App. 2017).