Bill > A2673

Introduced Session

This bill would provide that a will is not valid unless it is signed by the testator or substantially written in the testator's handwriting. Under current law, set out in N.J.S.3B:3-2, a will is generally valid only if it is in writing, signed by the testator (or signed by another person in the testator's presence and at his direction), and signed by at least two witnesses. There are exceptions to these requirements: (1) A will that does not comply with the requirements can still be valid as "a writing intended as a will" if the signature and material portions of the document are in the testator's handwriting; or, (2) pursuant to N.J.S.3B:3-3, a document or writing can be treated as a valid will if the proponent establishes by clear and convincing evidence that the decedent intended it to constitute his will. In In re Estate of Ehrlich, 427 N.J. Super. 64 (App. Div. 2012), the Appellate Division upheld as a valid will a copy of a typed document that was titled "Last Will and Testament" but was not signed by the testator or by any witnesses. The court held that under the circumstances the typed document was a valid will, because it was intended by the decedent to constitute his will and therefore complied with the provisions of N.J.S.3B:3-3. This bill is intended to overturn the Ehrlich decision as applied to future cases. The bill provides that a document or writing may be treated as a valid will only if, in addition to a showing by the proponent of the decedent's intent, the document or writing is signed by the testator or is substantially in the testator's handwriting. The bill would apply to any will or other document purporting to be a will filed with the Surrogate on or after the bill's effective date.

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Jay Webber (R)*, 

Introduced, Referred to Assembly Judiciary Committee (on 01/09/2024)

Official Document