Lowy v.

Roberts

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

PROPONENTS ARGUMENT
o 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.
o 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.