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

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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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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

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