Legal Question in Wills and Trusts in New Jersey

Is a will still valid if the witnesses to it are now deceased?


Asked on 9/09/10, 2:54 pm

3 Answers from Attorneys

Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

Yes, a Will is still valid today, even if the witneses are now deceased....provided that they were alive when they signed ;)

If the Will has a 'self-proving affidavit' then the fact that the witnesses are deceased will make no difference when probating the Will. However, if the Will is not self-proving, then you will need to verify that the witnesses are deceased.

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Answered on 9/15/10, 5:26 am
Robert Davies The Davies Law Firm, P.A.

Yes. but it might make it harder to prove the Will, in some circumstances. Call me if you would like to talk it over. 201 820 3460.

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Answered on 9/15/10, 6:17 am
Walter LeVine Walter D. LeVine, Esq.

If it is a proper self-proving Will, with correct language, there should be no problems.I have had instances where the Will did not have self-proving language and it was still probated. Call me at 973-377-3313 if you want to discuss this.

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Answered on 9/15/10, 5:53 pm


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