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RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 41555
Experience:  Texas lawyer for 30 years in Estate law
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Is a will legal to probate if I 't receive a copy of the

Customer Question

Is a will legal to probate if I don't receive a copy of the entire will. I was missing 2 important pages. The "Acknowledgement of Testator" page which was not dated and notarized and "Witness signature page" , which was also not notarized.
Also the testator did not initial anywhere on the pages margin contained in the will and dates there changed without the initial of the testator.
Submitted: 2 years ago.
Category: Estate Law
Expert:  RayAnswers replied 2 years ago.
Hi and welcome to JA> I am Ray and will be the expert helping you today.
You can order a copy of the will , a complete one from the Surrogate Court.If there are missing pages of the probated will you may successfully challenge it.It is very possible that there has been undue influence or that the testator may lack capacity.
You may file a will contest and raise these issues as well as lack of completeness if the will is not complete here.
Will requirements.
Except as provided in subsection b. and in N.J.S.3B:3-3, a 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 the testator's direction; and
(3) signed by at least two individuals, each of whom signed within a reasonable time after each witnessed either the signing of the will as described in paragraph (2) or the testator's acknowledgment of that signature or acknowledgment of the will.
b. A will that does not comply with subsection a. is valid as a writing intended as a will, whether or not witnessed, if the signature and material portions of the document are in the testator's handwriting.
c. Intent that the document constitutes the testator's will can be established by extrinsic evidence, including for writings intended as wills, portions of the document that are not in the testator's handwriting.
You are entitled to a complete copy of the will.You can get it from the Surrogate Court if you have too. It is important to get this as soon as you can to file a will contest.
I appreciate the chance to help you tonight.Please let me know if you have more follow up.Thanks again.
Expert:  RayAnswers replied 2 years ago.
More for you on contesting the will.
http://info.legalzoom.com/statute-limitations-contesting-new-jersey-4178.html
Thanks again.
Expert:  RayAnswers replied 2 years ago.
If you can leave a positive rating when we are done it is always sincerely ***** *****

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