In re Estate and Trust of Pilafas

Steve Pilafas executed both a will and a revocable inter vivos trust, later updated twice, with the trust specifying it could be revoked during his lifetime only by delivering a written instrument to the trustee; after his death, a diligent search by his son James (defendant) failed to locate either original document. Parties challenging the will and trust (plaintiffs) argued both were revoked under the common-law presumption that a missing document last seen in the testator's possession was destroyed by him, presenting evidence the drafting attorney had delivered the final documents to Steve and that he was meticulous about keeping important papers; the trial court found the will revoked (leaving Steve intestate), and the proponents of the will and trust appealed.