B. |
Special
Problems
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| 1. |
Probate of Signed Copy or Photograph of
Signed Copy of Will |
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Generally, the Register will accept only an original Will
bearing the original signature of the testator. Where a carbon
or photocopy of the Will bears the original signature of the
testator and is offered for probate, the Register will accept
the signed copy without a hearing only if the unexecuted original
Will is also produced. Both writings will be retained in the
Register's file. In addition, a letter of explanation from
the attorney may be requested as to why the copy was executed
rather than the original and the letter will be made part
of the record.
Where a signed Will is not an original (a signed photocopy)
and the unsigned original is not presented, the signed Will
will not be admitted to probate until a hearing is held so
that an adequate explanation for the non-production of the
original may be offered. The same is true if a photocopy of
a signed original Will is offered for probate. The proponent
of the signed copy or photocopy of a signed original must
introduce evidence to rebut the presumption that the testator
destroyed the original with the intention to revoke it. In
either case, a Petition for Citation to Show Cause Why the
Signed Copy of the Will or Photocopy of the Signed Will Should
Not Be Admitted to Probate should be filed with the Register
setting forth, in addition to the usual information, an explanation
of when and where the original document was executed and why
it cannot be produced (Appendix B, Form No. 1). The petition
must list the names, addresses, and relationships of those
persons (intestate heirs or the Commonwealth of Pennsylvania,
if there are no other intestate heirs) who would be adversely
affected by the proposed probate of a copy of the Will. A
copy of the document sought to be probated should be attached
to the petition. A citation will be issued by the Register
to adversely affected parties to show cause why the signed
copy should not be accepted as if it were an original. The
citation will set a return date and the proponents must serve
a copy of the petition and citation upon each party in interest
at least 10 days prior to the return date. The procedure for
serving the petition and citation and scheduling of the hearing
and the manner in which the hearing is conducted are set forth
in Chapter 11, entitled "Hearings Before the Register."
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| 2. |
Holographic Will or Will with Strikeouts,
Interlineations or Libelous Statements - "Copy Fair" |
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| A holographic Will, i.e., one
entirely in the handwriting of the testator, as well as other
handwritten Wills, may qualify as a testamentary document and
may be admitted to probate if signed by the testator and otherwise
proven, but the Register requires a "copy fair" (a
typewritten version of the instrument) to be submitted along
with any handwritten Will. Similarly, where a Will offered for
probate contains strikeouts, interlineations, libelous statements,
or is otherwise difficult to read, a copy fair of those portions
intended to be offered for probate must be submitted with the
original Will. In some cases, a hearing or other substantiation
may be required to establish the accuracy of the copy fair with
respect to the original. |
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| 3. |
Will in Foreign Language |
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| If a Will written in a foreign
language is offered for probate, the person offering the Will
must submit a typed translation of the Will together with an
affidavit of the translator attesting to the accuracy of the
translation. The translation to English is essential, among
other things, to identify personal representatives, to ascertain
whether bond has been waived, and to identify the residuary
legatees in the event the named personal representative is deceased
or unavailable. The accuracy of the translation is not actually
a probate matter but a question of distribution which, if disputed,
may be ultimately determined by the Orphans' Court. |
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