Estate of Smith

Opinion

PARRILLI, J.

— May a duly executed will be denied admission to probate based on a finding that the testator was mistaken as to how the will would dispose of her property? No. Mistake is a proper ground for contesting a will only if it negates testamentary intent, by showing the testator did not intend the document offered for probate to operate as a revocable disposition of her property effective upon her death.

This case arises on an appeal by Charles Smith from a judgment refusing to admit a statutory will with trust into probate. The trial court found (1) the will was signed by…