If a Will was started but not completed, can it be found to be a
Full Question:
Answer:
They seem to suggest that a writing or document if proved by clear and convincing evidence was intended to be a Will, it might be acceptable by the Court as a valid Will, even though the technical requirements of Wills is not met. Each case would be based on the facts.
2015 New Jersey Revised Statutes
Title 3B - ADMINISTRATION OF ESTATES--DECEDENTS AND OTHERS
Section 3B:3-3 - Writings intended as wills.
Universal Citation: NJ Rev Stat § 3B:3-3 (2015)
3B:3-3. Writings intended as wills.
Although a document or writing added upon a document was not executed in compliance with N.J.S.3B:3-2, the document or writing is treated as if it had been executed in compliance with N.J.S.3B:3-2 if the proponent of the document or writing establishes by clear and convincing evidence that the decedent intended the document or writing to constitute: (1) the decedent's will; (2) a partial or complete revocation of the will; (3) an addition to or an alteration of the will; or (4) a partial or complete revival of his formerly revoked will or of a formerly revoked portion of the will.
L.1981, c.405, s.3B:3-3, eff. May 1, 1982; amended 2004, c.132, s.10; 2005, c.160, s.3.
2015 New Jersey Revised Statutes
Title 3B - ADMINISTRATION OF ESTATES--DECEDENTS AND OTHERS
Section 3B:3-2 - Execution; witnessed wills; writings intended as wills.
Universal Citation: NJ Rev Stat § 3B:3-2 (2015)
3B:3-2 Execution; witnessed wills; writings intended as wills.
3B:3-2. Execution; witnessed wills; writings intended as wills.
a.Except as provided in subsection b. and in N.J.S.3B:3-3, a will shall be:
(1)in writing;
(2)signed by the testator or in the testator's name by some other individual in the testator's conscious presence and at the testator's direction; and
(3)signed by at least two individuals, each of whom signed within a reasonable time after each witnessed either the signing of the will as described in paragraph (2) or the testator's acknowledgment of that signature or acknowledgment of the will.
b.A will that does not comply with subsection a. is valid as a writing intended as a will, whether or not witnessed, if the signature and material portions of the document are in the testator's handwriting.
c.Intent that the document constitutes the testator's will can be established by extrinsic evidence, including for writings intended as wills, portions of the document that are not in the testator's handwriting.
L.1981, c.405, s.3B:3-2, eff. May 1, 1982; amended 2004, c.132, s.9; 2005, c.160, s.2.