Case Law Update: In the Matter of the Will of E. Warren Bradway, 2018 WL 3097060 (App. Div. 2018), the Appellate Court recently affirmed a lower court judgment that a Handwritten Will, written entirely in the blood of the Decedent, was a valid Will for probate under N.J.S.A. 3B:3-3.
What this means: Handwritten Wills, often called Holographic Wills in New Jersey, can be valid even if written in the Decedent’s blood so long as they meet the statutory requirement regarding content and other proofs are provided (blood analysis, etc.). This is further evidence that New Jersey has laxed legal formalities when it comes to the validity of Wills drafted outside of the assistance of an attorney, and outside of traditional statutory requirements.
It is important to note, however, that to probate the handwritten document in the above-referenced case, there were likely massive attorney’s fees involved over the two (2) years pendency of the litigation. The person pursuing probate of the “Blood Will” had to hire an attorney to file a “Complaint” with the Court, and then further had to pay an attorney to defend her position in Appellate Court. Further, it is likely that the estate of the Deceased had to pay the fees of the contesting attorney as well. I can say with certainty that it would have been much cheaper just to hire an attorney to draft a valid Will while the Decedent was alive.
So, the moral of the story is: while New Jersey may accept Handwritten Wills, even in the case they were written in an individual’s blood, the trouble they cause is not worth the thrill or excitement that one may feel in doing so. It is further not recommended for health reasons for one to use their own blood as ink on a Will or any other document.