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Among laypeople, there is an idea that lawyering involves a great deal of what we would refer to as “splitting hairs,” meaning lawyers spend tremendous energy arguing over what many people would assume to be trivial differences between words and concepts. If this tendency for lawyers to engage in such behavior shows up anywhere, it shows up in the petitions against the validity of wills. A primary reason as to why this is the case is that, unlike in other areas of law, will creators (or “testators” or “testatrixes”) are unable to testify on their own behalf. As a consequence, judges in Maryland are obliged to give particular deference to the statutory requirements governing will creation.
One case which contributed a layer to the interpretation of will requirements in Washington, D.C. is the case of In re Lee’s Estate (1948). As we will see, this case may have only contributed a minor layer to the construction of will requirements in D.C., but this minor layer is still significant. Although this case may not necessarily be binding authority for decisions here in our state, it is certainly persuasive authority which our readers should be aware of. This case itself cites the well-known case of Shane v. Wooley (1921), a Maryland case which we discussed in detail in our previous post.
Facts of the Case
The decedent in this case attempted to create a valid will while suffering from a fatal illness. The attempt was made at the hospital, and involved witness signatures from the decedent’s biological daughter and one of the nurses. The draft of the will (or the “paper-writing” as it is described in the case opinion) was placed in an envelope, and then the witnesses signed on the outside of the envelope. The envelope was sealed, and the two signatures on the outside were fully legible and clearly identified the corresponding witnesses.
The validity of the will was challenged on the basis that these two witness signatures failed to properly satisfy the statutory requirements for will creation in D.C. The requirements stated that valid wills must be “attested” and subscribed in the presence of two credible witnesses.
Ruling & Discussion
The U.S. District Court of Washington, D.C. analyzed the case by referencing several other notable cases and drawing certain conclusions. As mentioned, one of those cases was Shane v. Wooley, a landmark case in the development of Maryland estate law. The key contribution of the Shane case was that the page containing the witness signatures wasn’t properly attached, or “affixed,” to the page containing the body of the will itself; this was ruled a technical deficiency and led to the defeat of the will. The court in this case reasoned that this determination encompassed the factual scenario involving two signatures on the outside of the envelope. Here, because the signatures were not “affixed” in an acceptable fashion, the court found that these signatures in this case were similarly impermissible as those found in the Shane case. Consequently, the final conclusion was that the circumstances in the instant case failed to satisfy the technical requirements to render a valid and enforceable will.
Again, as with some other cases we have discussed relatively recently, this case shows how easily laypeople can take away the “splitting hairs” perception when it comes to how lawyers, and the law, operate. But even though these things may seem trivial, we again need to emphasize the fact that the law on wills in D.C. and in Maryland is an area which gives perhaps the most weight to technical formalities. This is all the more reason to enlist the services of a qualified estate planning attorney.
Contact the Murphy Law Firm for More Resources
If readers want additional information on creating valid and enforceable wills, establishing trusts, or petitioning against the validity of a new will, contact one of the estate planning attorneys at the Murphy Law Firm today by calling 240-219-1187.
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