In the Matter of the Estate of Janice V. Evensen
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In the case before the Supreme Court of the State of Alaska, the primary issue was whether two documents, both named as the will of Janice Evensen, met the statutory requirements to be valid holographic wills. Holographic wills are handwritten wills that may be deemed valid even if they do not satisfy the usual requirements for valid wills, such as being properly witnessed, as long as the signature and material portions of the document are in the testator’s handwriting.
Janice Evensen had created two wills - one in 1994 and another in 2007. Both wills were typewritten but contained handwritten alterations and additions by Evensen. Neither was properly witnessed. After Evensen's death, the Alaska Society for the Prevention of Cruelty to Animals (Alaska SPCA) sought to have both wills recognized as valid and admitted to probate.
The Supreme Court held that the 1994 will met the statutory requirements for a valid holographic will and reversed the superior court's contrary conclusion. The court found that Evensen's handwritten additions to the 1994 will satisfied the statutory requirement that the “material portions” — words identifying the property and the devisee — be in her handwriting. Therefore, the 1994 will was a valid holographic will, and it reflected Evensen's testamentary intent.
However, the court affirmed the superior court's decision rejecting the 2007 will. The court found that since the original of the 2007 will was never found, there was a rebuttable presumption that Evensen had revoked it. The Alaska SPCA failed to provide clear and convincing evidence to rebut this presumption of revocation. Therefore, the 2007 will was not a valid will.
The case was remanded for further proceedings consistent with this opinion.
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