QUESTION
What directives are considered binding in a will?
Asked on Jun 12th, 2014 on Wills and Probate - New Jersey
More details to this question:
My mother has a will, and she also has a couple of hand-written notes, directing that a certain couple of items go to specific people. They are just notes signed by her, and scribbled on scraps of paper, and not written into the actual will. Are these notes considered valid and binding as part of the will?
1 ANSWER
2 Awards
those notes are considered to be "suggestions" to the Executor and are not binding specific bequests. In the law, we tend to look at documents as expressing the entire intent of the person, and if your mother intended the notes to be "binding" then those items would have been included in the will. It does show her intent that certain items be distributed to certain people, and I usually advise clients to try to follow the decedent's intent as much as possible. After all, these are your mother's wishes. Good luck.
Answered on Jun 12th, 2014 at 3:13 PM
Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship