Accordingly, because the cigarette carton does not include the one essential element for the creation of a will, a disposition of property, it cannot be considered as such. In reEstate of Hopkins, 391 Pa.Super. 211, 570 A.2d 1058, 1059 (1990) (citations omitted). As a result, we find no abuse of discretion by the orphans' court in its determination that the cigarette carton did not constitute a positive disposition of assets.
We note that a writing need not assume a special form to take effect as a will or codicil. See In re Estate of Hopkins, 391 Pa. Super. 211, 570 A.2d 1058 (1990), appeal denied, 525 Pa. 627, 578 A.2d 414 (1990); In re Hengen's Estate, 337 Pa. 547, 12 A.2d 119 (1940). One essential element of a valid will or codicil is that it dispose of property.
See Estate of Shelly, 950 A.2d at 1025; see also In re Estate of Fleigle, 664 A.2d 612, 615 (Pa. Super. 1995) (explaining that a will must dispose of property, and that "disposition must be intended to take effect after the testator's death."); In re Estate of Hopkins, 570 A.2d 1058, 1059 (Pa. Super. 1990) ("[T]here is one essential element, which is that the document dispose of property."). "[I]f a testator intends to make a testamentary gift, it can be done in many ways and in many forms, and the intent, as we have often said, is the pole-star."