By Kent Berk on September 25th, 2024 in BLOG, Probate, PROBATE LITIGATION, WILL CONSTRUCTION, WILL CONTESTS, WILL VALIDITY
Imagine you are suddenly hospitalized and waiting to undergo an emergency surgery that you may not survive. You then realize you never prepared a will and are left scrambling to put something together. You grab a pen and start writing your will on a napkin next to your hospital bed, “Should I not survive this surgery, I leave everything to . . .”
It’s a scary thought, but it has been known to happen. If you or a loved one are ever faced with this dilemma, it is important to understand how Arizona determines whether a will is “conditional”. The following case is an example of how Arizona courts interpret conditional wills.
Estate of Seth E. Mallett: Case Overview
In the Matter of Estate of Mallett, 178 Ariz. 377, 873 P.2d 715 (App. 1994), a holographic will was disputed based on its conditional nature. The will designated assets to Mallett’s wife if he died during surgery. When Mallett died from a heart condition before the surgery, the trial court ruled the will invalid. However, the Arizona Court of Appeals reversed this, affirming the will’s validity and clarifying the difference between an inducement and a strict condition.
Analysis of the Court’s Decision
The Court’s decision was predicated on the following rules and relevant case law:
- “A will must be interpreted according to the intent expressed within its four corners”;
- The Court will evaluate the surrounding circumstances to assess the decedent’s likely intent as noted in Estate of Johnson, 168 Ariz. 108, 811 P.2d 360 (App.1991);
- The Court must determine, based on the terms of the will and surrounding circumstances whether the provision should be “construed as an inducement rather than a condition” as illustrated in Mason v. Mason, 268 S.E.2d 67 (1980);
- The Arizona Court will decide on a “case-by-case basis” whether a will is conditional as done in Mason;
- A condition is established when a will “indicates a purpose to limit its operation and is not to be deemed conditional when it can be reasonably held that the testator in using the language in question was merely expressing his motive or inducement to make the will” pursuant to Estate of Desmond, 223 Cal.App.2d 211, 35 Cal.Rptr. 737 (1963).
Key Takeaways
In short, Arizona courts interpret wills based on the testator’s intent, as shown in the will itself and other circumstances at the time it was signed. That said, it is always best to have a valid will that clearly expresses someone’s intent to avoid disputes down the road. At Berk Law Group, we are experienced dealing with Arizona disputes over all types of wills. We can help you if you are faced with disputes over the validity of a will, conditional or otherwise. Don’t hesitate to contact us if you have any questions.
