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Wills Law in New Jersey
A last will and testament is a specific legal document that takes effect when its creator, known as a testator, dies. Every state, including New Jersey, has specific laws that address how these documents must be created and what they can or cannot do. If you have a question about a New Jersey last will and testament or need legal advice, talk to a qualified New Jersey attorney.
General Requirements
New Jersey Statutes section 3B:2-1 requires that anyone making a will must be at least 18 years old and of sound mind. In general, a last will and testament must be made in writing, as the state does not recognize oral wills. All wills must be signed by the testator unless that person is physically unable to sign the document. If this is the case, the testator can direct someone else to sign on his behalf.
Witnesses
New Jersey also requires that in addition to the testator signature, the will document must be signed by two competent witnesses. The witnesses must sign the will within a reasonable time of seeing the testator do the same. However, the witnesses can still sign the will if the testator acknowledges that the signature on the document is her own and acknowledges the will represents her wishes, according to New Jersey Statutes section 3B:3-2.
Holographic Wills
New Jersey also recognizes wills that are entirely created by the testator in his own handwriting. These wills are referred to as "holographic" wills. Unlike other wills, holographic wills do not need to be signed by any witnesses, nor does the testator have to acknowledge that the will is his to anyone. All that is required of a holographic will is that the testator creates it in his own handwriting and signs the document.
Revocation
A testator in New Jersey can modify or revoke a will at any time. Unlike contracts, a will does not create an obligation on the part of the testator to perform or comply with any terms within the document. A testator can, on her own volition, change or revoke a will either by creating a new will, drafting a codicil or amendment to the will that changes the previous terms, or by physically destroying the document itself, according to New Jersey Statutes section 3B:3-13.
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