What Makes a Will Legal in New Jersey

What Makes a Will Legal in New Jersey?

In New Jersey, a will is deemed legal if it is either handwritten or typed by a competent adult and witnessed by two individuals. Additionally, it becomes self-proving if notarized. Having a legally valid last will and testament ensures that your wishes are respected regarding the distribution of your assets and the management of your final affairs. It also significantly reduces the likelihood of estate disputes after your passing. The experts at Pordy Cavallaro LLP can assist you in preparing a legally sound will to help mitigate these risks.

Only Competent Adults Can Create a Legal Will in New Jersey

To write and execute a will in New Jersey, you must be at least 18 years old. It’s essential that the person creating the will is legally competent, meaning they must understand:

The purpose of a will and the implications of executing one.
The assets they own, their locations, and the beneficiaries they intend to name.

Questions of competence often arise if the individual who created the will has a cognitive disability or dementia. Family disputes commonly occur when there’s uncertainty about whether the person was competent at the time of signing.

For a legal consultation, call (609) 622-8008.

Witness Requirements for New Jersey Wills

New Jersey distinguishes between handwritten and typed wills in its regulations. Handwritten wills do not require witness signatures as long as someone can verify it is indeed the testator’s own handwriting.

For typed wills or those prepared with assistance, the will must feature the testator’s signature and the signatures of two witnesses who observe the signing or acknowledge their approval of the will.

Pordy Cavallaro LLP has notaries available to notarize documents and confirm all signatures.

New Jersey Rules for Self-Proving Wills

While notarization is not legally required in New Jersey, it offers significant benefits. A notarized will is classified as “self-proving,” which means that the Surrogate will not need to take further steps to verify its authenticity. Without notarization, the probate process may become longer as witnesses must be located to confirm the will’s validity.

When you work with an estate planning attorney at Pordy Cavallaro LLP, they will ensure that your will is self-proving. If you choose to handle this process on your own, it’s advisable to have a notary present with your witnesses.

Advantages of Having a Legal Will

Most estate disputes arise from not having a valid will. When someone passes away without a will, it can lead to significant conflicts among potential beneficiaries, often resulting in long-lasting rifts.

The best way to prevent these issues is to create a valid will that clearly articulates your intentions and designates a trustworthy executor to manage your estate. At Pordy Cavallaro LLP, our estate planning attorneys are committed to helping you draft a comprehensive estate plan that reflects your wishes and can withstand legal scrutiny.

Consult a New Jersey Estate Planning Lawyer About Your Will

If you have questions about the legal validity of your will or need assistance with the process, the team at Pordy Cavallaro LLP is ready to help. Our New Jersey team includes experienced estate planning attorneys who will take the time to understand your family’s unique needs and assist you in drafting a will that meets those needs.

Call (609) 622-8008 or fill out the contact form now.