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Will Archives

All Letters are not Wills

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New Jersey recognizes three different types of wills: 1) a formal will; 2) a holographic will; and a writing that may not meet the state's formalities of a will but can be otherwise proven that it should be treated as a will. A formal will requires that it is signed by the person who is writing it, and two witnesses to attest to the signature. A holographic will is a writing that has been written mostly in the testator's, the person writing the will, handwriting that the court finds is "intended as a will." The last type of will is a writing that does not meet the standards of the other two types but can be established by "clear and convincing" evidence is intended to constitute a will for the deceased. While the first two are easier to discern because of their formal requirements, the last type of will, can very easily become the subject of debate. 
Case Study: In re: Alicia A. Heffley

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