Legal Question in Wills and Trusts in New Jersey

To Whom It May Concern:

My father passed away on July 30, 2016 in his home state of New Jersey. He had a will made in 2013 with his lawyer in which he bequeathed his estate to his children in various percentages (one child gets 6%, another 14% and so on). I am the executrix of his will and his daughter. Upon going through some of his papers, I found a hand written will dated

September 15, 2015. It is clearly in his hand writing and is signed by him. Although it is not witnessed nor filed with the attorney, I was wondering if it is "legal" and could cancel out the 2013 will. It appears he thought better of his decision of percentage inheritance, as in this will, all the children would receive an equal percent of the inheritance. I know NJ does acknowledge holographic wills, but I'm not sure if this would be considered such a case. Thank you for your time and response.

Sincerely,

Karen


Asked on 3/09/17, 4:45 pm

1 Answer from Attorneys
Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

I would need to review all the relevant documents that you describe in order to give you my opinion. However, if the document was in your father's handwriting, it is very possible that it could qualify as a holographic will and if so, it could be probated as his last will and testament. A court proceeding will be necessary to probate a holographic will.

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Answered on 4/04/17, 6:39 am


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