Case Law Update: A Copy of a Will May Not Work in New Jersey Probate

When was the last time you saw your will? Do you have a copy of it? You may not realize it, but unfortunately, a copy of a will in New Jersey probate may not be good enough to fulfill your wishes. If you cannot find your original will, our New Jersey estate planning lawyers are here to help.

Estate planning ensures your loved ones are cared for and your wishes are honored after your passing. However, even the best-laid plans can unravel if a will is misplaced. In the Matter of The Estate of Bonnie Kremer, the New Jersey Appellate Division recently reviewed this unfortunate scenario. While the decision is not “binding” (meaning it does not require courts to follow it in the future), it holds a good lesson for anyone with an estate plan. Make sure your loved ones can get the original documents!

The Background

Bonnie Levine executed a will in 1992 before she married. In it, she named her sisters Pamela McGinnis and Patrice Berman as executors.

Bonnie’s life changed significantly over the years. She married Joseph in 1997 and had three children between 2003 and 2005. Despite these significant milestones, Bonnie never updated her will to reflect her new family dynamic.

Bonnie filed for divorce in 2014, leading to litigation that remained unresolved when she passed away 10 years later. These complexities set the stage for a contentious legal battle over her estate.

The Conflict: A Copy of a Will

Joseph, Bonnie’s husband, sought control over his wife’s will. He demanded the court appoint him as the estate administrator. However, Bonnie’s sister, Patrice Berman, contested this request. The sister argued that Bonnie’s original will in 1992 would govern the estate.

One small catch, though. For her request to succeed, she must manifest Bonnie’s original will to prove the legitimacy of her argument. Unfortunately, Bonnie’s original will is nowhere to be found.

Under NJ law, when the original will cannot be found, it is presumed revoked unless there is clear and convincing evidence to the contrary. Patrice claimed the will was still valid but could not overcome the presumption of revocation.

The court also noted that the 1992 will did not account for Bonnie’s marriage or children. These significant life changes occurred after Bonnie initially created the will, suggesting she may have intended to update her estate plan but never formalized those changes.

The Decision: A Losing Fight

In July 2023, a court ruled that the 1992 will was presumed revoked due to the absence of the original copy and ordered the estate to be distributed according to state intestacy laws. This decision prioritizes Bonnie’s surviving spouse and children.

Later, in December 2023, the court reaffirmed its decision. Patrice appealed, asserting that the court had misinterpreted the law and overlooked evidence that Bonnie had not revoked her will. However, the court dismissed these claims, emphasizing that speculative arguments or assumptions about the location of the original will could not override the legal presumption of revocation.

What Can You Take Away From Here?

Bonnie Levine’s case highlights several critical lessons for estate planning:

1. Protect the Original Will: Courts typically require the original will for probate. Secure the original in a safe place, such as a fireproof safe or a safety deposit box that can be accessed when you are not there.
2. Keep Copies for Reference: While a copy of a will is not legally binding in probate court, as was the case here, it can provide valuable evidence of your intentions if the original is lost. Make sure trusted individuals know where copies are stored.
3. Update Your Will After Life Changes: Major life events, such as marriage, divorce, or the birth of children, warrant updating your will. Failing to reflect these changes can lead to unintended consequences and legal disputes.
4. Communicate With Key Individuals: Inform your executor, family members, or trusted advisors about the existence and location of your will. Clear communication can prevent misunderstandings and legal conflicts.
5. Work With an Estate Planning Lawyer: An estate planning lawyer can guide you through creating a legally sound estate plan and help you navigate updates as your life evolves. A lawyer can also safeguard the original will to ensure it is readily available when needed.
6. Document Revisions Clearly: If you intend to revoke or replace an existing will, document this process formally to avoid ambiguity. Destroying the original without a replacement can lead to legal presumptions of revocation.
7. Consider Alternate Estate Planning Tools: In addition to a will, you might explore living trusts, which can help minimize the risk of disputes.

Drafting the will is merely the first step. However, ensuring it is easily accessible when needed can be just as important.

How Our Firm Can Help

Navigating the complexities of estate planning and probate law requires expertise and foresight. Our estate planning lawyers are here to help you:

• Draft a will that reflects your wishes and complies with state laws.
• Guide how to safeguard the original will.
• Update your estate plan as your circumstances change.
• Offer guidance on alternative estate planning tools, such as trusts.
• Provide assistance during the probate process if a loved one passes away. 

With years of experience in estate planning, our New Jersey estate planning attorneys are committed to helping you protect your legacy and provide peace of mind for your family.

Let’s Build You a Legally Recognized Will

Estate planning is not just about dividing assets — it’s about ensuring your voice is heard even when you’re no longer here.

Bonnie Levine’s case highlights the importance of keeping an original will safe, accessible, and up-to-date throughout your life, particularly during a divorce. Without proper planning, you might unknowingly start an avoidable fight that could cause a rift in your family. Don’t leave your family’s future to chance.

Contact the Chamberlain Law Firm today through our website or at (201) 273-9763 to start a conversation with our estate planning law firm. Let us help you create a comprehensive plan that protects your assets, secures your loved ones’ futures, and honors your wishes. For more education, check out our other insight articles.