The decedent’s godchildren sought to probate a purported will that the decedent had neither reviewed nor signed. The decedent, who was 90 and in fragile health, had had a telephone conversation with an attorney she had never met. Based upon that conversation, the attorney drafted the decedent’s 17-page will. The decedent never had the opportunity to review or approve the draft will, because she died the following day.
The probate judge ruled that the document could not be admitted to probate unless the decedent had reviewed and given her final assent to it, pursuant to New Jersey statutory and case law.
The godchildren appealed, and argued that it was the decedent’s testamentary intent that should be the exclusive focus. The Appellate Division disagreed and affirmed the probate judge’s decision. It concluded that focusing solely on testamentary intent would “open the door to fraud and essentially vitiate the requirement of a written will.”
A copy of Estate of Connolly can be found here – In the Matter of the Estate of Julia Eileen Connolly
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ABOUT DONALD D. VANARELLI
Donald D. Vanarelli has been a practicing attorney since 1983 in New Jersey and New York. Don provides legal services in the areas of elder law, estate planning, trust administration, special education, special needs planning and trial advocacy, including probate litigation, will contests, contested guardianships and elder abuse trials.
Don is a Certified Elder Law Attorney, an Accredited Veterans Attorney and a Past Chair of the Elder and Disability Law Section of the New Jersey State Bar Association. Don is a recipient of the Lifetime Achievement Award, the highest honor given by the New Jersey State Bar Association – Elder and Disability Law Section. The Lifetime Achievement Award is bestowed on an attorney with an established history of distinguished service who has made significant contributions in the field of elder and disability law throughout his or her career. Recently, Don was selected by the New Jersey Law Journal as a Top Rated New Jersey Lawyer in 2019.
Don is actively involved in trial advocacy on behalf of elderly and disabled citizens. Don was lead counsel representing the plaintiff in a seminal estate planning / guardianship / Medicaid planning case entitled In re Keri, 181 N.J. 50 (2004), in which the New Jersey Supreme Court, for the first time, permitted guardians to engage in public benefits planning to obtain Medicaid eligibility for their wards. Don also represented the plaintiff in a pivotal case entitled Saccone v. Police and Firemen’s Retirement System, 219 N.J. 369 (2014) in which the New Jersey Supreme Court, for the first time, permitted a special needs trust to be designated as the beneficiary of a state pension. Don was also co-counsel representing the plaintiff in Galletta v. Velez, Civil No. 13-532 (D.N.J. June 3, 2014) in which a federal court ruled, for the first time, that a pension from the Department of Veterans Affairs may not be counted as income in determining Medicaid eligibility.
When he’s not working, Don spends time with his wife, Marion, and his three children, Julianne, Evan and Alex.
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