Legal Question in Wills and Trusts in New Jersey

Wills & Estates

My mother passed away recently. She had a will that was done in 1994 and she was in the process of revising it but died before the changes could be officially made. Even though the will from 1994 was not her final wish it was probated by the executor. The executor knew about the forthcoming changes but since he stands to inherit half the estate did not care. Can anything be done to contest the will by the remaining family members?


Asked on 11/21/07, 12:20 pm

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

Re: Wills & Estates

Unfortunately, it's very unlikely that anything but her 1994 will is going to be probated. The fact she was intending to change the will does not matter...the fact is, she didn't change it.

However, did she write out her changes to the Will? If so, it's possible that document could be considered a "holographic will" if certain statutory requirements have been met. If she merely "told" someone she wanted to make changes to her will, then the 1994 Will will stand.

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Answered on 11/21/07, 12:53 pm


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