Legal Question in Wills and Trusts in New Jersey

Beneficiary PageChanged

If the beneficiary page of a will was retyped in 1985 and changes were then made and initialled with no witnesses -- is the will valid? (The remaining 2 pages are dated, signed and witnessed in 1966) Could it be contested and if so would estate than go to siblings and or their estates as if no will existed (Deceased a widow with no children)


Asked on 8/22/08, 12:56 pm

3 Answers from Attorneys

Robert Davies The Davies Law Firm, P.A.

Re: Beneficiary PageChanged

Good Lord! No. if the facts are that the single page of the Will was changed, and the changes were NOT witnessed properly, then NO those changes are not valid.

a will done in 1966? there is a long story that goes with this, I am sure.

You need to get to a lawyer and get advice. This sounds like a first class mess.

Give me a call if you would like. I am in Hackensack, right across from the Bergen County Courthouse. I can speak to you on the telephone, but it will take more than just a brief telephone call to assist you with these issues.

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru. This website, LawGuru, will NOT let me list my phone number in this response.

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Answered on 8/22/08, 1:01 pm
Walter LeVine Walter D. LeVine, Esq.

Re: Beneficiary PageChanged

You can anticipate some problems due to the way this was handled. I have encountered this in the past. I suggest a new Will be made to avoid any problems.

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Answered on 8/22/08, 1:53 pm
Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

Re: Beneficiary PageChanged

If part of the Will was 're-typed' and initialled as you say, then no, the changes to the Will would not be valid because the 'new' document was never properly witnessed, and possibly the entire Will might be invalidated as well.

You may need to file a complaint to have the court determine the testator's true intent..or possibly if the Will is deemed to have been revoked, then the estate would pass under the intestacy statute.

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Answered on 8/22/08, 1:56 pm


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