Law & Justice
Nebraska Supreme Court Rejects 2021 Handwritten Will as Valid for Douglas Todd’s Estate
The Nebraska Supreme Court ruled on October 30, 2026 that a two‑page handwritten document signed by Douglas G. Todd could not replace his 1984 will. The court held that the 2021 will was not a valid holographic will because its material provisions were written by Judy Sheets, not by Todd himself. Todd died in January 2025. His son, Chadd B. Todd, applied for informal probate of the 1984 will, which directed all property to his sons. Sheets, Todd’s longtime unmarried partner, contested the application, claiming that Todd had instructed her to write a new will in February 2021 that left the estate to her. Sheets testified that Todd had signed and dated the document after telling her what to write, but she admitted that the provisions explaining the distribution were entirely in her handwriting. The County Court for Lincoln County found the 2021 document invalid as a holographic will because the essential provisions were not written by Todd, and also because it did not adequately express testamentary intent. Sheets appealed. The Supreme Court focused on Nebraska Revised Statute Section 30‑2328, which requires that a holographic will’s material provisions be handwritten by the testator. The court rejected Sheets’ argument that the document was a joint will, noting that a joint will is treated as separate wills and that only Todd’s individual will could be admitted in probate of his estate. The court explained that allowing another person’s handwriting to satisfy the requirement would undermine the purpose of holographic wills, which is to protect against fraud and ensure the document reflects the testator’s true wishes. The Supreme Court affirmed the lower court’s decision, leaving the 1984 will as the governing document for the probate proceedings. The ruling does not resolve all issues concerning the estate but does determine that the 2021 handwritten document does not meet Nebraska’s requirements for a holographic will.
Frequently asked questions
Why was the 2021 handwritten will invalid?
The will was invalid because its material provisions were written by Judy Sheets, not by Douglas G. Todd, violating Nebraska Revised Statute Section 30‑2328.
Which will governs Douglas G. Todd’s estate?
The 1984 will, which directed all property to his sons, remains the governing document for the probate proceedings.
What did the Supreme Court decide about the joint will argument?
The Court rejected the argument that the 2021 document was a joint will, stating that a joint will is treated as separate wills and only Todd’s individual will could be admitted.