32) As long as the result does not violate public policy, it should be honored as the testator's intent
How confident can we be, then, about a testator's intent
to redefine heirs by virtue of a negative will?
B was a relatively minor beneficiary to begin with, and to augment B's share so substantially as a result of A's death distorts the estate plan and thereby could easily do violence to the testator's intent
Estate planners routinely include overlive requirements in the wills they prepare, and these give some indication of the typical testator's intent
or any other purely probate matter, if it "raises questions which would ordinarily be decided by a probate court in determining the validity of the decedent's estate planning instrument, whether those questions involve fraud, undue influence, or tortious interference with the testator's intent
In such cases, the law allows the existing will to be revoked by a writing executed with the formalities of a will or by act, such as canceling the will; however, if the will is revoked by act, consideration should be given to utilizing witnesses to prove that the testator performed the act of revocation on the original will "with the intent, and for the purpose of revocation" and to evidencing the testator's intent
to revoke and act of revocation on the original will.
The IRS construed the clause as an aid in determining the testator's intent
rather than a savings clause and allowed the estate to claim a marital deduction.
Better drafting would have avoided the risk and the cost of going to court twice to achieve what was clearly the testator's intent
In the Matter of the Estate of Kesling provided the South Dakota Supreme Court the opportunity to decide whether a holographic will clearly expressed the testator's intent
regarding the disposition of his property.