On June 29, an Appellate Division majority re-wrote New Jersey’s probate code to obviate the need to sign a will. Fortunately, Judge Stephen Skillman’s well-reasoned dissent, the basis of the pending appeal, will give the Supreme Court an opportunity to rectify this decision.
On May 20, 2000, Richard Ehrlich, a trust and estate attorney for more than 50 years, prepared a purported will, a power of attorney and a living will on his office stationary. Although he executed the power of attorney and living will, both of which were witnessed by the Burlington County surrogate, the purported will was neither signed nor witnessed, but simply contained a handwritten notation that the original had been mailed to the named executor/trustee, who died before Ehrlich.
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