What is required for a Will
New Jersey Statute: 3B:3-2 (Formal Execution of Will);
3B:3-3 (Holographic Will)
Types of Wills
A will must be written. There are two different types of written wills that are recognized by law:
- Formal Wills: A formal will is a typewritten will that is usually prepared by an attorney and signed in front of witnesses and notarized according to the laws of the state.
- Written Wills: Also called a holographic will. A holographic will is a handwritten will that may or may not be notarized and witnessed.
Formal Wills
A formal will in New Jersey must be:
- Written and
- Signed by the Testator or Testatrix (Testator and Testatrix are legal terms for the person making the will) and
- Signed by at least 2 witnesses who either:
- Saw the Testator sign the Will or
- Saw the Testator tell someone else to sign the Will for him or her, if the Testator is unable to sign it.
Witnesses
- The witnesses can be anyone, regardless of whether or not they are named in the Will, as long as they are over the age of 18.
- If possible, it is wise to have witnesses who are not named in the Will in case there is any later dispute about the terms of the Will.
Holographic Wills
- A holographic will is a will that does not meet the specific requirements for a formal will.
- In New Jersey, a holographic will is a will that is handwritten and signed by the Testator.
- A holographic will does not need to be witnessed.
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