Kansas Case: Initials of witness on each page of the will deemed insufficient as an attestation

In its opinion in In re Estate of Leavey, 202 P.3d 99 (Kan. Ct. App. 2009), the Kansas intermediate appellate court affirmed denial of probate for lack of due execution. While the testator and one witness signed the will at the end and also signed the self-proving affidavit, the intended second witness, the scrivener, did not sign the line provided for his signature. The initials of the scrivener, the testator, and the witness did appear on the bottom right-hand corner of each page.

The court held that the initials did not substantially comply with the statutory requirement that the witnesses attest and subscribe the will in the presence of the testator.