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Estate of Gushwa | 197 P.3d 1 (2008)

Simply put, a will is a document that indicates how a person’s assets and property should be distributed when that person dies. Of course, things change, and many people find themselves wanting to revoke their wills, in whole or in part, because those documents no longer represent their wishes. New Mexico’s highest court considered whether an attempted will revocation was legally effective in the two thousand eight case Estate of Gushwa.

During the spring of two thousand, George Gushwa executed a will, which he entrusted to his nephew in law, Ted Dale, for safekeeping. The will indicated that Gushwa’s separate property should be placed in trust to support his wife for life and then be distributed to his nieces and nephews when she died. Shortly after that, Gushwa decided that he wanted to revoke the will. Gushwa allegedly called Dale, who refused to give him the original will, sending three photocopied pages from the will instead. Later, Gushwa contacted a lawyer, who helped him prepare a document called Revocation of Missing Will or Wills. Gushwa then wrote the word revoked on each of the three photocopied pages from Dale and attached those pages to the document. A few months after that, Gushwa successfully obtained a photocopy of the complete will and wrote the word revoked on each page.

After Gushwa died in two thousand five, his wife claimed in New Mexico state court that her husband, having revoked his will, had died intestate. One of Gushwa’s nieces, Wanda Hunt, objected to this claim, arguing that Gushwa had failed to follow the basic statutory requirements for revoking a will. The trial court ultimately entered summary judgment for the niece, and the intermediate appellate court affirmed. Gushwa’s wife appealed once more, this time to the New Mexico Supreme Court.

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