Delaware Court of Chancery Recommends Admitting Copy of Will to Probate
The Delaware Court of Chancery recently held that a copy of Arnetta Nichols Corprew’s (“Decedent”) Last Will and Testament (the “Will”) accurately reflected the terms of the original Will and Decedent’s testamentary intent.
Decedent executed the Will in Washington State in 2000. At the time, Decedent was married to Robert Austin Corprew (“Spouse”) and had no children. The Will primarily left Decedent’s estate to Spouse, or if he predeceased her, to various family members, including Decedent’s nephew, Milton D. Moore (“Petitioner”), who was also named successor Personal Representative.
After Spouse died, Decedent moved to a care facility in Delaware to be closer to family. Petitioner’s daughter discovered a folder, labeled “Original,” that contained the original Will and other estate planning documents in Decedent’s Auburn, Washington home. Before mailing the original documents to Petitioner in Delaware, Petitioner’s daughter photographed and digitally scanned the documents on her smartphone.
Decedent passed away on May 8, 2025. After Decedent’s death, Petitioner was unable to locate the original Will he had received in the mail and was unsuccessful in his attempts to contact the drafting attorney. Petitioner therefore filed a Petition to Admit Copy of Will to Probate (the “Petition”), attaching the photocopy of the Will.
Decedent’s nephew, Sean Erique Moore (“Sean”), objected to the Petition, arguing the copy did not accurately reflect the provisions of the original Will. The Court subsequently held an evidentiary hearing and applied a two-step analysis: (1) whether the Will satisfied the statutory requirements for valid execution under 12 Del. C. § 202, and (2) whether Decedent revoked the Will. The first issue was undisputed, as the copy bore Decedent’s signature, the signatures of two witnesses, and a sufficient self-proving affidavit.
On the second issue, the Court found that the presumption of validity applied because Petitioner and his daughter were the last to possess the original Will before it was lost, thus placing the burden on Sean to rebut that presumption. At the hearing, Sean withdrew his objection and testified that he had no evidence that Decedent’s testamentary intent changed after she executed the Will. Another family member testified that her conversations with Decedent were consistent with the terms of the photocopied Will. Video evidence of the scanning further confirmed the copy’s accuracy.
Finding the Will validly executed, unrevoked, and unintentionally lost—and that the copy accurately reflected Decedent’s testamentary intent—Magistrate in Chancery Danielle Gibbs recommended that the Court admit the copy to probate.
This case serves as an important reminder to keep original estate planning documents organized and accessible. Even when a copy of a will can ultimately be admitted to probate, the loss of an original document may result in delays, additional expenses, and family disputes.
This blog entry was primarily authored by Sierra Turner.
