Legal Question in Wills and Trusts in New Jersey

Re: codicil requirements

Yes, anyone over 18 and of sound mind can be a witness, an Executor and even a beneficiary although it is ideal if you can get 2 witnesses who aren't named in the Will so that no one can claim you exerted "undue influence" over your uncle in his revising his Will. There should still be 2 witnesses and your uncle who sign in the presence of a notary; otherwise probating of the Will becomes more complicated.

If the attorney is holding the original Will then he/she should also hold the Codicil also for obvious reasons. Otherwise you can give him a copy and it wouldn't hurt but you don't have to.

Is it all legal? Ah, that is the $64,000.00 question. It certainly can be if you do it right. A slip up, even a minor one, however, can void the entire Codicil. Most attorneys don't charge much for a Codicil if they did the original Will. It depends on how much your uncle's estate may be worth when he dies and how sure you want to be that you get it right that will help you make your decision of whether to use an attorney or not is best for you.

Good luck.