In Episode 94 of Seinfeld, George brags that the run-down used car he just bought is a collectible classic formerly owned by actor Jon Voight. During an inaugural spin, Jerry bursts George’s bubble when he discovers registration materials in the glovebox identifying the prior owner as John (and not Jon) Voight. He mocks George, noting that “Jon probably just misspelled his own name!”

Bequest managers take note. Sometimes, critical evidence that can rescue an endangered bequest is right on the basic documents. The recent case of Shorter v. Cherry, No. 1904-22-4 (Va.App. 2023), vividly illustrates that fact.

Cherry executed a will in 2002, leaving her estate to her children. Sometime thereafter, she met Shorter. The pair lived together until Cherry’s death in 2021. At that time, the kids proffered the 2002 will, long secured in their mother’s lockbox.

Shorter, in the meantime, produced a later will (2021) naming him as a primary beneficiary. The 2021 will was prepared on the LegalZoom website using an account to which—conveniently—Shorter had access.

A court battle ensued, featuring third-party testimony that Shorter was known throughout the community as a liar. Most compelling, though, was the opinion of a handwriting expert that Cherry’s signature on the later documents was a forgery. How did the expert determine that?

Two primary factors. First, the signature was “shaky,” indicating that it was penned slowly, often the mark of an amateur forger. Second—and most telling—was that several letters were missing from Cherry’s name!

Careful examination of the will on the outside and discovery of the misspelling could have short-circuited the entire litigation and avoided the time and expense of such proceedings!

CCK COMMENT: Inconsistencies in estate documents can provide valuable evidence to bequest managers. It is worth examining such materials closely to identify issues that may portend benefit or risk for your organization. In addition, diligence fosters good habits that may come in handy if someone bequeaths to your charity a “valuable” handwritten letter from Abraham Linkon.

This article was originally published on April 16, 2024, on our LinkedIn page. Check it out to stay on top of all things Bequest.