Lowy v. Roberts

FACTS: Ts 6-page is admitted to probate. Pages 1-4 contained the dispositive provisions. Pages 5-6 contained the signature page and self-proving affidavit.

Ts widow claims that pages 1-4 were altered or faked and stapled together with pages 5-6. Specifically, paragraph 5 dealing with provision for Ts widow is allegedly altered.

SPOLIATION Alteration of will by a 3rd person after its executed. If differs from fraud in the execution. In fraud in the execution, T executed the fraudulent will.

In spoliation, T executed a proper will, but someone tampered with it afterwards.

PROPONENTS ARGUMENT Claimed that Ts widow was barred because she didnt make a claim to challenge the wills validity within 3 months. Court held that Ts widow isnt challenging the validity of the will; shes only challenging the true contents of the will.

In other words, Ts widow believes T executed a valid will. Shes challenging the fact that the original will offered for probate is, in fact, the will that T executed.