Writing intended as Will under N.J.S.A. 3B:3-3

  Writing intended as Will under N.J.S.A. 3B:3-3

         The NJ Legislature in 2005 effectively reversed the decision in Will of Ferree to permit certain writings and pre-printed forms when the New Probate Law was adopted. However, it usually requires hiring an attorney to file a complaint and Order to show cause.

         As set forth in the NJ SENATE JUDICIARY COMMITTEE STATEMENT TO

SENATE, No. 708:

         “…The bill also clarifies situations where writings that are intended as wills would be allowed, but requires that the burden of proof on the proponent would be by clear and convincing evidence.”

 

   N.J.S.3B:3-3 was amended to read as follows:

    3B:3-3. [Holographic will] Writings intended as wills.

    [A will which does not comply with N.J.S.3B:3-2 is valid as a holographic will, whether or not witnessed, if the signature and material provisions are in the handwriting of the testator- old statute]

    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 formerly revoked portion of the will.   New statute

 

         The intent of the Legislature was to overrule the decision in Will of Ferree.

 

   Requires a formal Complaint and Order to Show cause in the Superior Court.