Error With a Will:

A will is offered for probate and there’s something wrong with it. Either there’s a missing signature, there’s only one witness rather than two. The -- there’s a writing on the face of the will, that is to say maybe the testator crossed out a couple of provisions. The executor is going to still offer that will for probate. And the surrogate is going to review this, the surrogate being the person who reviews wills for -- for -- initially for probate. Once the surrogate sees there’s an irregularity with that will, what happens is is that the will is rejected for probate. Nothing happens. It goes over to the Superior Court Chancery Division or in this case Probate Division. And the judge then considers whether or not, even in light of the flaw, that this will might be admitted to probate and might still stand. The problem is is that you’re now in litigation. And when you’re in litigation you have got inevitable costs and problems associated with being in court. It is important that -- that therefore when you have your will you don’t scribble on the face of it and you don’t make any changes without the assistance of the attorney that helps you.

Now, it is possible that that court, after a hearing and after investigation, may actually invalidate the -- the will. If that happens, that is to say that the will you signed -- and of course you’re no longer here -- but if the will that you signed is no longer valid, then what happens is we resort to what is called intestate succession. Which means that the statutes that are set up in the State of New Jersey which determine what people get as the Legislature have determined it, whether it’s to children or to surviving spouse or whatever it is, that’s where your property goes. You may not want it to have been that way but that’s the way it ends up.