* Court-made Rules--How does this exception apply when a settlor's or testator's intent
conflicts with some court-made rule?
How confident can we be, then, about a testator's intent
to redefine heirs by virtue of a negative will?
1984) (recognizing that although only the specific testamentary gift procured by undue influence is invalid a court may exercise its equitable powers to invalidate the entire will if doing so would better carry out the testator's intent
Yet, once we determine that a negative will implicitly extends to descendants of the disinherited heir, we have little reason to assume that the testator's intent
to disinherit an heir of the lower generation would depend on the survival Eel non of the disinherited heir in the higher generation.
It may happen that an event has the interesting, dual property of altering the testator's intent
while also depriving the testator of a realistic opportunity to revise his or her estate plan to reflect the change.
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
." The Ninth Circuit also made this statement, which the U.S.
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.