Estate of Sola

The Superior Court of San Mateo County denied the petition of Anthony T. Sola (Anthony) for probate of a purported holographic will (the purported will) of his brother Fred and ordered a prior, witnessed will (the 1963 attested will) admitted to probate.

Statement of the Facts

Fred Sola (Fred) died on July 17, 1987, leaving neither spouse nor issue. Fred had executed a formal, attested will on November 2, 1963, which was prepared by an attorney, Thomas L. Bocci. The original of this will was retained in Mr. Bocci’s office.

Fred was one of six brothers, three of whom predeceased him. One of Fred’s surviving brothers is the petitioner, Anthony. When their brother Ernest (Ernie) died in 1986, he left a portion of his estate to the adult children of their predeceased brother David. Anthony and Fred had discussed the manner in which the nieces and nephews had behaved relative to Ernie’s will. Fred discussed making a new will or changing his will, but Anthony could not get him to go to an attorney to prepare such a will. Instead, Fred made a number of interlineations and handwrote a number of provisions on his copy of the 1963 attested will. This document, the purported…