A document that appears hopelessly flawed may well be admitted to probate, due to the court’s focus on honoring the decedent’s intent. In this article, we will examine recent trends for problematic wills, namely improperly executed wills, post-signing changes to a will and a lost original will.
Improperly Executed Will
The familiar rule from N.J.S. 3B:3-2 is that a will (with certain exceptions) must be in writing, signed by the testator, and by two witnesses who either witnessed the signing or the testator’s acknowledgment of his signature of the will. However, N.J.S. 3B:3-3 provides for deemed compliance with N.J.S. 3B:3-2 if the proponent of a document or writing thereupon can demonstrate by clear and convincing evidence that it was intended to be the decedent’s will or a modification thereof.
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