Legal Definitions - proving a will

Proving a will is the formal legal process of demonstrating to a probate court that a document presented as a deceased person's last will and testament is authentic and legally valid. This crucial step must occur before the court can authorize the distribution of the deceased's assets according to the will's instructions.

Typically, proving a will involves showing the court that the document was properly signed by the deceased and witnessed by the required number of individuals, as dictated by state law. In some specific circumstances, such as with a handwritten will that was not witnessed (known as a holographic will), proof might involve testimony confirming the deceased's handwriting. If the original will is lost or destroyed, other forms of evidence, like copies or witness testimony about its contents, might be used to establish its existence and validity. The court must be satisfied that the will truly reflects the deceased's wishes and was not created under fraud, coercion, or undue influence.

• Example 1: A Standard Will with Witnesses

  When Mr. Henderson passed away, his executor, his son David, presented a typed will to the probate court. The will clearly showed Mr. Henderson's signature, along with the signatures of two neighbors who had witnessed him sign the document years earlier. To prove the will, David submitted the document and provided sworn statements from the two neighbors, confirming they saw Mr. Henderson sign it and that he appeared to be of sound mind at the time. The court reviewed this evidence and, satisfied with the proper execution and witnessing, accepted the will as valid, allowing David to proceed with administering the estate.

  This example illustrates proving a will by demonstrating that the document met the common legal formalities of being signed by the deceased and properly witnessed, which is the most frequent method of establishing its validity.

• Example 2: A Holographic (Handwritten) Will

  After her grandmother, Elena, passed away, her granddaughter Sofia discovered a notebook containing a detailed, entirely handwritten document outlining how Elena wished her antique jewelry collection to be distributed. This document was not witnessed. To prove this will, Sofia, acting as the proposed executor, presented the handwritten notebook to the probate court. Since it lacked witness signatures, Sofia brought in two of Elena's lifelong friends and a handwriting expert. The friends testified that they were intimately familiar with Elena's handwriting and confirmed the entire document was in her hand, while the expert provided a professional analysis. This testimony convinced the court that the handwritten document was indeed Elena's valid last will.

  This example demonstrates proving a will through alternative means when a holographic will is involved. Instead of witness testimony, the proof relies on establishing the authenticity of the deceased's handwriting to satisfy the court of the will's validity.

• Example 3: A Lost Will

  Mrs. Chen's home was destroyed in a flood, and tragically, she passed away shortly after. Her original will, which had been stored in her home, was lost in the disaster. However, her attorney had a digital copy of the signed will, and Mrs. Chen had frequently discussed its specific provisions with her two adult children and her financial advisor. To prove the will, Mrs. Chen's executor presented the digital copy to the probate court. Additionally, the attorney testified about drafting and witnessing the original signing, and the children and financial advisor provided sworn statements confirming their knowledge of the will's contents and Mrs. Chen's intentions. The court accepted this combination of secondary evidence to establish the lost will's validity and contents.

  This example illustrates proving a will when the original document is unavailable. The process involves using secondary evidence, such as copies and testimony from those familiar with the will's existence and contents, to convince the court of its authenticity and allow for its terms to be carried out.