Document for In the matter of: Lizarralde, Alvaro

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                              COMMONWEALTH             OF MASSACHUSETTS


WORCESTER,SS                                                  WORCESTER PROBATE
                                                              AND FAMILY  CQURT
                                                              Docket No.
Estate of
Alvaro Lizarralde
                                                                                           OCT 1 2 2923
                                                                                                CBL
                                              MOTION TO
                                          ACCEPT WILL UNDER
                                    M.G.L. Ch. 190B, Section 2-502(b)

          NOW COMES the Petitioner, Carlos D. Lizarralde, and moves this honorable Court
to accept the Last Will and Testament of the Decedent, Alvaro Lizarralde, dated May 24,
2023 (the “Will”), under M.G.L. Ch. 190B, Section 2-502(b).
          M.G.L. Ch. 190B, Section 2-502(a), establishes the formal execution requirements
for wills, stating: “Except as provided in subsection (b)... a will shall be (1) in writing, (2)
signed by the testator, and (3) signed by at least 2 [witnesses]" (emphasis added). Though
the Will was hand-written and signed by the decedent, and acknowledged before a notary
public, it was not signed by two witnesses.
          The exception to Section 2-502(a) is M.G.L. Ch. 190B, Section 2-502(b), which
States,        “intent that the document      constitute the testator's will can be established            by
extrinsic evidence”. Read together, subpart (a) and (b) allow a document that does not
meet the formal execution requirements of subpart (a) to be accepted by the Court as a
decedent's last will and testament if extrinsic evidence proves the decedent intended it to
be his last will and testament.
          In    support   of this   motion,   M.G.L.    Ch.    190B,   Section   1-201    “Definitions    and
Inclusions’ defines a Will as including “any testamentary instrument that merely... expressly
excludes or limits the right of an individual or class to succeed to property of the decedent
passing by intestate succession”. The Will in question does limit the right of the individual
who would otherwise inherit the property of the decedent by devising his real estate located
at 16 Catalpa Circle, Worcester, MA, to his Niece, Monica, who is not an heir-at-law.
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                                                              MOTE     ALLOWED)DENTED



                                    I}                 TUDGE OF PROBATY. AND FAMILY COU
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        Further, the Willis written, signed by the testator, and acknowledged before a notary
public, which supports this honorable Court in finding that the decedent intended this
document to have legal effect as his Last Will and Testament.
       An affidavit in support of this Motion by Nestor Lizarralde is also submitted herewith.




                                                     I Mf
                                                   Carlos        . Lizaralde
                                                   By his   tt


pate: \(S-G~"            _ 2023
                                                   Jeremy A. Cohen, Esquire
                                                   BBO #690311
                                                   CW   Law Group
                                                  160 Speen St. Ste, 309
                                                  Framingham, MA 01701
                                                  Tel. 508-309-4880
                                                  Fax. 508-597-7722
                                                  jeremy@cwlawgrouppc.com