How Can I Make a Will in New Jersey?

All adults in the Summit, New Jersey should work with an estate planning attorney on important documents, including a will. Wills are extremely important documents through which you can make decisions about your property, who will handle your estate, and who will become guardian of your minor children in the event it is necessary.

How can you make a will in New Jersey? Consider the following information from our Summit estate planning lawyers.

Consider Important Questions About What Will Go Into Your Will

 Before you make a will, it is important to consider a range of questions that you will need to answer in order to complete your will. You can work through these questions with a lawyer or a loved one in advance of making your will:

• What assets do you want to pass to loved ones through your will?
• Who (or what entity) do you want to inherit specific property?
• Who do you want to be the executor of your estate (i.e., the person who you will trust to handle your estate when you pass away)?
• If you have minor children, who do you want to become the guardian of your children until they become adults?
• Do you want the named guardian, or another party, to manage the assets you leave to your minor children?

Once you have considered these questions, it is extremely important to work with a lawyer to draft your will and to ensure that it complies with all requirements for an enforceable will under New Jersey law.

Know the Requirements of a New Jersey Will 

In addition to knowing the information that you want to put into your will, it is also essential to have a clear understanding of the legal requirements for a will. If a will does not meet the legal requirements set forth under New Jersey law, it will not be enforceable. The following are required for valid and enforceable wills in New Jersey:

• Testator (the person making the will) must be at least 18 years old;
• Testator must be of sound mind;
• Will must be in writing;
• Will must be signed by the testator or in the name of the testator and at the testator’s direction; and
• Will must be signed by at least two people (witnesses) who witnessed the testator’s signing or acknowledgement of the will.

Original wills must be made in hard copy — you cannot have only a digital copy of a will with a digital signature. New Jersey law does allow handwritten wills — i.e., a will made in the testator’s handwriting — to be valid even without two witnesses as long as the material portions of the will, as well as the signature, are in the testator’s own handwriting. While handwritten wills are permitted, it is easier and clearer to make a will that has been properly signed and witnessed.

Contact a Summit Estate Planning Attorney 

If you want to make a will, or if you have any questions about wills or other estate planning documents. one of the experienced New Jersey estate planning attorneys at Dempsey, Dempsey & Sheehan can speak with you today. Contact us for assistance.

Sources:

law.justia.com/codes/new-jersey/2018/title-3b/chapter-3/section-3b-3-1/

law.justia.com/codes/new-jersey/title-3b/section-3b-3-2/