In I/M/O Estate of Randall, 38-4-1372 Ch. Div. Essex County 2/1/11), the Court said a copy of a letter allegedly written by the decedent does not demonstrate sufficient testamentary intent to be probated. However, in this case, there was a handwritten notation in the decedent’s handwriting that, in the context of the letter and the maintenance of keeping it in a safe place, and, as such, the letter and notation could be probated.
The rules for probate changed so that documents other than the original Will may be considered for probate. The key is illustration of testamentary intent by the decedent, including trustworthiness of the document.
Gabrielle L. Strich, Esq.
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