Law Office of Donald D. Vanarelli Blog

In my January 20 blog post, I discussed the time limits imposed under R. 4:85-1 of the New Jersey Court Rules for filing challenges to the probate of a will. In an Appellate Division case decided on January 18, 2013, the effect of an administrator’s fraud on those time limits was addressed, in Matter of [...]

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A challenge to a will (as opposed to, for example, (1) a challenge to non-probate designations; (2) a challenge to pre-death transfers by a power of attorney; or (3) a challenge to the actions of an executor following probate of a will) may be initiated two ways. First, by way of a caveat; second, by [...]

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(The 15th Annual Elder and Disability Law Symposium was held on October 3, 2012 at the New Jersey Law Center, in New Brunswick, NJ. This year, as in the past few years, I gave the case law update at the opening plenary session by summarizing the top ten (10) or so elder and disability law [...]

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In a published opinion, the New Jersey Appellate Division took a further step away from requiring strict compliance with statutory formalities required for wills when it considered whether an unexecuted copy of a typed original will “sufficiently represents decedent’s final testamentary intent to be admitted into probate under N.J.S.A. 3B:3-3.” The court found that it [...]

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Where an original last will and testament is lost or cannot be found upon the testator’s death, a photocopy of that will may be admitted to probate. In determining whether such relief is appropriate, “the key issue is whether the testator had the intent to revoke the missing will.” In re Estate of Schenecker, 2011 [...]

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A New Jersey appellate court held that intentionally withholding information in mediation does not invalidate the resulting settlement agreement. Matter of the Estate of Lillian L. Fischer, Deceased (N.J. Super. Ct., App. Div., No. A-0091-10T2, June 14, 2011)(unpublished). This matter involved a probate dispute between Catherine S. Richards, the 91 year old domestic partner of [...]

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In New Jersey, a document may be accepted for probate as a will in a number of ways. First, under the formal requirements of  N.J.S.A. 3B:3-2(a), a traditional will shall be (1) in writing; (2) signed by the testator or in the testator’s name by some other individual in the testator’s conscious presence and at [...]

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