Estate of Blikre

Citations

• 2019 ND 257

Syllabus

A holographic will is valid if the signature and material portions of the document are in the testator's handwriting. The law presumes a missing will has been revoked by the testator. To overcome the presumption, the party petitioning for the probate of a missing will must demonstrate, by a preponderance of the evidence, that the will existed at the time of the testator's death, that the will was fraudulently destroyed in the lifetime of the testator, or that other evidence shows the testator did not intend to revoke the missing will.