A will is an important testamentary instrument. It helps provide guidance for the distribution of a testator’s property after they die. People can also name the personal representative who oversees their estate during probate proceedings. They can even choose a guardian to support their children if they die while their progeny are still dependent minors.
Wills are often the most important document included in an estate plan. Sometimes, they are the only testamentary instrument on record when someone dies. It is, therefore, of the utmost importance that people create valid and enforceable estate planning documents.
What are the basic requirements for a valid will in New Jersey?
A written instrument
People often have typed or printed wills drafted by attorneys. In a handful of scenarios, people may also create holographic or handwritten wills on their own behalf. Audio and video recordings or statements made to witnesses are typically insufficient to serve as a will after someone dies. Creating a written document, often with the assistance of a licensed estate planning attorney, is necessary for those who want to establish meaningful legacies and protect their loved ones.
A competent adult testator
Generally speaking, people have to be at least 18 years old to draft a binding will unless they are emancipated minors. They also have to be of sound mind, meaning they have testamentary capacity. That typically means they must be aware of who is in their family and who their beneficiaries are as well as what property they own. Those who are truly incapable of understanding their circumstances may not have the necessary capacity to establish a valid estate plan.
The signatures of two witnesses
Some people believe that they must have a notary sign their estate planning paperwork. That typically isn’t necessary for a will to be valid in New Jersey. However, there need to be at least two adult witnesses who watch the testator sign the document or hear them verbally attest to signing the document in their own free will previously. Those witnesses can help validate the document and the competence of the testator if there are any conflicts that arise later.
Small mistakes when establishing or updating an estate plan could lead to questions about the validity of the documents at issue. Partnering with an estate planning lawyer is one of the most effective tactics for those who want to establish a will that they know represents their wishes and shall command the respect of the probate courts after their passing.