What are the requirements to make a valid will in New Jersey?
Creating a will is a crucial step in ensuring that your assets are distributed according to your wishes after you pass away. In New Jersey, there are specific requirements that must be met for a will to be considered valid. Understanding these requirements is essential to avoid any legal complications in the future.
Age Requirement
In New Jersey, the testator, the person creating the will, must be at least 18 years old to make a valid will. This age requirement ensures that the individual has the legal capacity to understand the implications of creating a will.
Capacity to Make a Will
It is essential that the testator has the mental capacity to create a will. This means that the individual must understand the nature and extent of their property, the natural objects of their bounty (such as family members), and the distribution that they are making through the will.
Signature Requirement
Under New Jersey law, the testator must sign the will at the end of the document to indicate that it is their will. If the testator is unable to sign the will, they can direct someone else to sign it on their behalf in their presence and at their direction.
Witnesses
New Jersey requires that a will be signed by two witnesses in the presence of the testator. These witnesses must also sign the will to attest that the testator appeared to be of sound mind and not under any undue influence when signing the document.
Writing Requirement
A will in New Jersey can be typed or handwritten. However, if the will is entirely in the testator's handwriting and not witnessed, it is considered a holographic will and does not require witnesses to be valid.
Beneficiaries
In a will, the testator must clearly identify the beneficiaries who will inherit their assets. It is essential to provide enough detail to ensure that there is no confusion about who is intended to receive specific property or assets.
Legal Code Reference
The requirements for a valid will in New Jersey are outlined in the New Jersey Statutes under Title 3B - Administration of Estates - Decedents and Others. Specifically, sections 3B:3-2 to 3B:3-18 detail the necessary criteria for creating a legally enforceable will in the state.
Ensuring a Valid Will in New Jersey
By understanding and adhering to the requirements for creating a valid will in New Jersey, individuals can ensure that their final wishes are carried out as intended. From meeting the age and capacity requirements to properly executing the document with witnesses, each step plays a crucial role in the validity of the will.
Buried in Work's Additional Resources
Buried in Work provides New Jersey state-specific service provider directories and information related to estate preparation, end-of-life tasks, and estate transition information. Click here to learn more.