The Appeals Court of Massachusetts holds that a will signed by a conservator may be valid under the Massachusetts Uniform Probate Code. In Estate of Olson (Mass. App. Ct. No. 23-P-210, March 21, 2024).
Jean Olson’s conservator believed the Massachusetts Uniform Probate Code gave him the authority to help her create and execute a will. He signed the will on her behalf. When he attempted to probate the will after her death, her nephew challenged it. The lower court rejected the will, and this appeal followed.
Section 2-502(a) of the Massachusetts Uniform Probate Code permits extrinsic evidence to establish an unsigned document as a valid will. A document that does not meet the Section 2-502(a) requirements can be a valid will if another statute authorizes it.
A statute allows court-authorized conservators to execute wills, but the conservator did not have that authority here. The court would have had to grant the conservator the authority to execute a will.
In this case, the conservator made a good-faith mistake when he believed he could execute his ward’s will. Even though the conservator made a benign error, the court should validate the will if it reflects the ward’s testamentary intent.
If the conservator can use extrinsic evidence to show that the ward intended the document to be her will, he may submit it to probate.
The appellate court vacates the decree and remands the case.
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