Wills, Trusts & Estates Prof Blog

Editor: Gerry W. Beyer
Texas Tech Univ. School of Law

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Wednesday, June 4, 2014

A Separation Agreement Does Not Revoke a Will

WillGloria Hall executed a will in 1993 and another will in 2004.  In 2005, Hall was diagnosed with dementia.  The court appointed a temporary guardian and the guardian signed a separation agreement with her husband in which the parties agreed that neither would modify their estate plans which plans included the 1993 will.  After the testator’s death in 2008, both the 1993 and the 2004 wills were offered for probate.  The court admitted the 2004 will to probate.  The case was appealed by one of Hall’s children omitted from the 2004 will.

In Estate of Hall, 86 A.3d 596 (Me. 2014), the Supreme Court of Maine affirmed, holding that the separation agreement did not revoke the 2004 will because it did meet the requirements of a valid will revocation. 

Special thanks to William LaPiana (Professor of Law, New York Law School) for bringing this case to my attention.

 

 

 

http://lawprofessors.typepad.com/trusts_estates_prof/2014/06/a-separation-agreement-does-not-revoke-a-will.html

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