Can I Make a Handwritten Will in New Jersey?
Are you ready to sit down and make a will? If so, you might be wondering if you can simply write out a will yourself and let your loved ones know where it is so that your wishes can be carried out when you die. But can you simply create a handwritten will and expect for it to be valid after your death? New Jersey is one of only several remaining states that still permits handwritten wills (known formally as “holographic” wills), yet if you are able to do so, you should work with an estate planning lawyer to create a will that complies with New Jersey law. Our Summit estate planning lawyers can explain in more detail.
Holographic Wills Can Be Admitted to Probate in New Jersey
Although holographic (i.e., handwritten) wills are not valid in many states, New Jersey is still among the states that allows handwritten wills to be admitted to probate in some circumstances.
Under New Jersey law, a holographic will is only valid if the following things are true:
- Material provisions of the will are entirely in the handwriting of the testator (the person making the will);
- Will has been signed in the handwriting of the testator; and
- It can be proven that the material provisions of the will are in the handwriting of the testator and that the testator signed the will by their own hand.
Before a holographic will can be admitted to probate and before the terms of the will can be carried out, the party or parties seeking to have the will validated will need to be able to prove the above requirements.
Why a Holographic Will is Not the Best Idea
If a loved one has already passed away and the only information they left about their estate is a holographic will, it may be important to take steps to prove that the will is valid. However, this process can be complicated, and in many cases, it can be difficult to prove that the will and its material provisions and signature are all in the handwriting of the testator. A person’s handwriting can change with health conditions, and it may be difficult to find representative documents that contain the testator’s handwriting.
Wherever and whenever possible, it is important to work with an estate planning lawyer to create a will that meets all of the requirements set forth under New Jersey law, including having the will properly witnessed. Creating a will that complies with state law requirements is the best way to ensure that the terms of the will are ultimately carried out.
Contact a Summit, New Jersey Estate Planning Attorney
If you are thinking about estate planning and creating a will, you should seek advice from a lawyer who can help you. Even though New Jersey law might ultimately recognize your handwritten will as a valid will, it is a better idea to create a typewritten and signed will according to the requirements of New Jersey law to ensure that the terms of your will are upheld after your death. Additionally, if you do not yet have any estate plan in place, you will likely want to create more documents than just a will. In addition to a will, you should speak with one of the experienced Summit estate planning attorneys at Dempsey, Dempsey & Sheehan about advance directives and powers of attorney, which are important estate planning documents for all New Jersey residents. Contact our firm today to learn more about how we can assist you.
Source:
law.justia.com/codes/new-jersey/title-3b/
