Although a document or writing added upon a document was not executed in compliance with § 29A-2-502, the document or writing is treated as if it had been executed in compliance with that section if the proponent of the document or writing establishes by clear and convincing evidence that the decedent intended the document or writing to constitute (i) the decedent's will, (ii) a partial or complete revocation of the will, (iii) an addition to or an alteration of the will, or (iv) a partial or complete revival of a formerly revoked will or of a formerly revoked portion of the will.
S.D. Codified Laws § 29A-2-503
Writings intended as wills, etc.
Applied in 2 court decisions — leading case In Re the Estate of Serbousek (2008)
Most recently applied in In Re the Estate of Serbousek (June 2008)
Source: SL 1995, ch 167, § 2-503.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.