In re the Estate Ehrlich, 427 N.J. Super. 64

Richard Ehrlich, a long-time trusts and estates attorney, died leaving siblings Todd, Jonathan, and Pamela as next of kin, with Jonathan having the closest relationship to him.
Jonathan located a fourteen-page document labeled Last Will and Testament, allegedly drafted by decedent, but it contained no signature or witnesses and appeared as a copy rather than an original.
Decedent, on May 20, 2000, drafted the purported Will on legal paper, shortly before major surgery, and on the same day executed a Power of Attorney and Living Will witnessed by the same individual.
Extensive search of decedent’s home and law office yielded no other will; Van Sciver, named executor, predeceased decedent and the original document was never returned.
The trial court admitted the copy as decedent’s Last Will and Testament under N.J.S.A. 3B:3-3 after cross-motions for summary judgment, over objections by Todd and Pamela.
Respondent Jonathan cross-appealed from denial of sanctions under N.J.S.A. 2A:15-59.1; the appellate court affirmed admission of the copy and denied sanctions.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether an unexecuted copy may be admitted as a decedent's will under N.J.S.A. 3B:3-3	Ehrlichs contend 3B:3-3 applies to defective execution, not unexecuted documents.	Jonathan argues the copy reflects decedent’s final testamentary intent and should be admitted under 3B:3-3.	Yes; the court held the unexecuted copy may be admitted if clear and convincing proof shows intended final testamentary disposition.
Whether the trial court abused its discretion by denying sanctions under the Frivolous Litigation statute	Ehrlichs contended sanctions were warranted for frivolous conduct.	Jonathan argued there was a reasonable basis in law and fact for challenging probate.	No abuse of discretion; sanctions were properly denied.

In re Will Ranney, 124 N.J. 1 (1991) (recognizes substantial compliance concept under 2-503)
Fidelity Union Trust Co. v. Robert, 36 N.J. 561 (1962) (court's duty to ascertain testator's probable intent)
In re Will Bryan, 125 N.J. Eq. 471 (1939) (evidence of testamentary intent when document not strictly formal)
In re Will Calef, 109 N.J. Eq. 181 (1931) (prior authority on lost or copied wills and probate evidence)
In re Will Davis, 127 N.J. Eq. 55 (1940) (admission of copies of lost wills to probate under certain proof)
In re Will Smith, 108 N.J. 257 (1987) (probate interpretation of testamentary intent after validity found)
In re Probate of Will and Codicil of Macool, 416 N.J. Super. 298 (2010) (harmless error doctrine; clear and convincing evidence of final assent)