CFL Seminar: 'But does it qualify as a will?'

Speaker: Professor Peter T. Wendel (Pepperdine University School of Law)

Whether a document qualifies as a validly executed will is a function of two variables: (1) the jurisdiction’s Wills Act formalities, and (2) how strictly the courts enforce those formalities. Arguably the most well-known case in America on whether a document qualifies as a validly executed will is, in fact, an English case: In re Groffman.

Mr Groffman, his spouse, and two other couples (the Blocks and the Leighs) were all together at the Groffman’s house one evening for a social occasion, when Mr Groffman informed the group that he wanted Mr Block and Mr Leigh to witness his will. They were all in the lounge, but the only table in the lounge was full of scones and teacups. Mr Groffman suggested they go into the dining room, which was just across a small hall, and use the dining room table. Mr Block and Mr Groffman went into the dining room, Mr Groffman showed Mr Block his signature on the will, and Mr Block signed the will. Mr Block then returned to the lounge. He said to Mr Leigh words to this effect: “It is your turn now, don't keep him waiting, it's cold in there.” Mr Leigh then went into the dining room, Mr Groffman showed him his signature, and Mr Leigh signed his name beneath that of Mr Block. Does the document qualify as a validly executed will? Should it?

We’ll use the Groffman case to discuss the American approach to the Wills Act formalities and how strictly the American courts enforce those formalities.

Professor Wendel was born and raised in St. Louis, but his parents were from Chicago, so much of his early life was split between the two cities. He went to high school in St. Louis (SLUH), college in Chicago (U. of Chicago), graduate school in St. Louis (M.A. in Urban Affairs from SLU), law school in Chicago (J.D. from U. of Chicago), started practice in St. Louis (Bryan, Cave), first tried teaching in Chicago (Bigelow Instructor at U. of Chicago), and started teaching in St. Louis (SLU Law School). SLU wanted him to teach primarily in the Criminal Law area, but he was more interested in the Property area, so he bolted for Pepperdine where he’s taught primarily in the Property area since (Property; Wills, Trusts, & Estates; Real Estate Transactions; Community Property; Real Estate Finance).

Professor Wendel's scholarship includes A Possessory Estates and Future Interests Primer, West Publishing Co. (3rd ed. 2007) (riveting stuff, particularly the chapter on the Rule Against Perpetuities). His more recent stuff shows a little more promise: Wills Act Compliance and the Harmless Error Approach: Flawed Narrative Equals Flawed Analysis? 95 Oreg. L. Rev. 337 (2017) (his presentation will be a continuation of his work in this area). His most recent scholarship checks one of the items on his bucket list – he published his first casebook: Peter T. Wendel and Robert G. Popovich, California Wills and Trusts: Cases, Statutes, Problems and Materials, Carolina Academic Press (Fall 2017).

This event is a hybrid event. If you are in Cambridge, please do join us in the Faculty. To attend online please register.

Register to attend remotely