Estate of Linda C. Giguere

Summary

The Maine Supreme Judicial Court affirmed the Cumberland County Probate Court’s order that the 2013 will of Linda C. Giguere could not be reformed to name Eric and Mark Giguere as residuary devisees and that, because the will was silent on the residuary estate when William predeceased Linda, the estate passed by intestate succession to Hilary Barlow. The Court held that the appellants failed to meet the clear‑and‑convincing‑evidence burden for reformation and correctly applied the statutory intestacy scheme. It also declined to address the novel Section 2‑101(2) negative‑will provision because the issue was not preserved.