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Al Sorichetti

Junior Member
What is the name of your state (only U.S. law)?
NJ
Is a handwritten document from a deceased person bequeathing property to family members binding! This document has white outs and obvious additions! This document has not be witnessed or notarized!
Help!
 


anteater

Senior Member
New Jersey does recognize holographic wills. However, my opinion is that it is highly probable that the "... white outs and obvious additions" would sink it as a holographic will. You would have to show it to a knowledgeable New Jersey attorney.

ADDED: By the way, it is only legally binding if probate is opened, the "will" is submitted, and the Surrogate accepts is as a valid will.


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.


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.
 
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