Did a relative in Palm Beach die leaving behind a will or estate document that has not been properly executed (signed)? Do you still want to admit that document to probate the estate? You may want to see what the Superior Court of New Jersey said in just such a case.
Executing a Will in Florida
- All states, Florida included, have specific requirements for a will to be considered valid in that State. Do you know where to find the requirements in Florida?
- Have you checked out Fla. Stat. 732.502 – Execution of Wills?
- Is your document valid under Florida requirements?
- Do you have two witnesses that signed the same time as you? Is the document notarized?
- Most states use a doctrine called reciprocity which basically means if you have a valid will from another state, the state your estate is probated in will usually admit that will. In other words if your parents from New York come down to Florida with their New York will, Florida will admit it.
- What happens if you pencil out your will in your Delray Beach home and never get around to executing it? Is that will valid? This type of will is called a holographic will.
- Florida has a strict ban on holographic wills, does that cause problems for your Jupiter estate plan?
In re Probate of Will and Codicil of Macool: Writing Need Not Be Signed to Admitted to Probate
- The Superior Court of New Jersey, Appellate Division hears appeals cases in and throughout New Jersey. The Court released its opinion In the Matter of the Probate of the Alleged Will and Codicil of Macool , 416 N.J. Super. 298 (Sept. 2010 N.J. Sup.) a few years ago but the holding is still rather noteworthy.
- A residuary beneficiary (the person who gets all the residue or left over from an estate) under a proffered will brought an action to invalidate an earlier will and codicil. In other words, a will contest.
- This beneficiary wanted to admit a will that the decedent’s attorney had drafted but the testator had never reviewed or signed.
- Should the Court even consider such an action?
- The Court noted in its decision that in order to admit a will that does not meet the statutory requirements such a document need not be signed.
- Does this make any sense?
- What’s the point of a will if you could just make a post it note will as you lay dying?
- Would you want your relative’s assets being divided pursuant to a will that they had not even read? Let alone signed?!?
Want to learn even more? Read the entire case by clicking here.