Wills in Era of Digital Signatures, Electronic Signatures and (of) No Signatures


Wills in Era of Digital Signatures, Electronic Signatures and (of) No Signatures

By James F. McDonough, Jr. on August 15th, 2012

The public is generally aware that a Will must be signed to be valid. The public is also aware that a hand-written will (“holographic will”) may be admitted to probate in limited instances.

In a July 23, 2012 blog, Joel Kreizman, Esq. analyzed a New Jersey Appellate case where an unsigned copy of a Will was admitted to probate where the signed original was lost. The issue before the court was whether a liberal construction of the statute permitted an unsigned copy to be probated as a Will. The statute permits a defectively executed will to be probated, but it does not provide for an unexecuted document to be probated. This decision is on appeal to the state Supreme Court.

LOADING PDF: If there are any problems, click here to download the file.

Written by:

Published In:

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© James McDonough, Scarinci Hollenbeck | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.