New Jersey Assembly Bill A2908

New Jersey 2022-2023 Regular Session

• Introduced: 2/28/22
• Refer: 2/28/22

Caption

Provides that will is not valid unless signed by testator or substantially written in testator's handwriting.

Impact

One of the primary impacts of A2908 is its retrospective effect on legal interpretations of previously submitted documents purporting to be wills. Specifically, it seeks to overturn the precedent set by the 'In re Estate of Ehrlich' case, where a typed document without a testator's signature was deemed valid based on the intent expressed by the deceased. Thus, A2908 limits the grounds on which wills may be considered valid strictly to those documents that adhere to the new definition involving handwriting or explicit signatures by the testator.

Summary

A2908 is a legislative proposal from the State of New Jersey aimed at modifying the existing laws related to the execution and validity of wills. The bill specifies that for a will to be considered valid, it must either be signed by the testator or it should be substantially written in the testator's own handwriting. This change intends to clarify and strengthen the requirements around what constitutes a valid will, as dictated by New Jersey law. Through these amendments, there is a shift towards enhancing the testator's intent in the documentation of their last wishes.

Contention

Discussions surrounding A2908 hint at concern among legal professionals regarding potential limitations this bill places on the interpretation of a decedent's true intentions. Critics might argue that the bill could lead to unjust invalidation of wills that, though not technically compliant with the new standards, nonetheless align with the decedent's expressed wishes. Proponents counter that the bill would eliminate ambiguity and enhance the reliability of wills, thereby providing greater legal certainty in the administration of estates.