Section 18.19 In General

• Library: Estate Administration 2014 Supp

A. (§18.19) In General

The determination of a will’s external validity and its admission to probate mean that, at the time of execution of the will, the testator was of the proper age, of sound mind and memory, and free of undue influence and fraud and that the will was executed with the formalities prescribed by law and not later revoked. After death, it is necessary to apply the will and carry out the testator’s plan. The process of dispensing with the will occurs mainly during the period of administration, which is when problems of construction may arise. When a decedent included dispositive provisions in a revocable trust rather than a will, construction of the trust may arise at the time of decedent’s death when the trust has become irrevocable.

The same rules of construction apply with respect to wills and testamentary trusts, First Nat’l Bank of Kansas City v. Hyde, 363 S.W.2d 647, 653 (Mo. 1962), and inter vivos trusts, see:

· Kimberlin v. Dull, 218 S.W.3d 613 (Mo. App. W.D. 2007)

· Blue Ridge Bank & Trust Co. v. McFall, 207 S.W.3d 149 (Mo. App. W.D. 2006)

· A.G.

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