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.
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