Legal Question in Wills and Trusts in New Jersey

I know that when a person writes his own will, the actual will should be handwritten.

What happens when his handwriting is illegible? This is in NJ. Thank you


Asked on 10/31/13, 5:22 am

1 Answer from Attorneys

Walter LeVine Walter D. LeVine, Esq.

Best guess on interpretation will prevail and in the worst case the document will be rejected for probate. However, you are incorrect that a self-written Will needs to be handwritten. All that is required is that the execution and witnessing be in conformance with NJ law. To assure its admission to probate when the maker passes away, aside from signatures of the maker and witnesses, it should also contain a self-proving affidavit that needs to also be signed, witnessed and then notarized, While forms are available at most stationery stores, many attorneys charge a reasonable fee to prepare and oversee the execution of a Will. With so much possibly at stake, a few hundred dollars spent to see that everything has been done correctly is like purchasing insurance to guaranty that one's wishes be and are properly carried out.

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Answered on 10/31/13, 9:30 am


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