The judge said the will fails as a holographic will because its material provisions are not in the testator’s handwriting.
Holographic will refers to a document that is handwritten in its entirety by the author also called the testator.
The judge pointed out that the will was executed outside of the Commonwealth, thus failing to comply with CNMI laws or the laws of the foreign jurisdiction.
An evidentiary hearing was held in October with the estate administrator, Antonio Muna; the attorney for the estate, George Lloyd Hasselback; and Remasch Mongani, who was in a long-term relationship with Boyer and cohabited with her for over a decade.
Muna and Mongani testified under oath, as well as Boyer’s sister, Guillerma Boyer Peters.
The only evidence presented was a handwritten will that was purportedly signed in Portland in April 2014, just weeks before Boyer passed away.
Boyer traveled to Portland for medical reasons. Mongani arrived in Portland after Boyer’s passing.
He did not observe Boyer drafting the will, which would have allowed him to continue to live in the home that they shared until he remarried.
The will also gave Boyer’s siblings, Leonardo and Bernadita, ownership of the house.
The witnesses who signed the will were Breanne Cabrera and Ciara Dela Cruz.
However, the judge said there is no testimony to verify that the alleged signatures on the will actually belonged to Boyer, Cabrera, and Dela Cruz.
Moreover, the will was not notarized, nor was there any evidence, such as affidavits, to verify the authenticity of the will, he added.
