Legal Question in Wills and Trusts in New Jersey

Re: Valid Will

In NJ, assuming one is competent, a legal, vaid Will may be accomplished in one of two ways: either being entirely handwritten and signed by the maker (a holographic Will) or handwritten or typed, witnessed by 2 competent adults (3 if real estate is involved) and notarized. Neither type is registered with the Surrogate until the person passes away, since a Will is traditionally revocable up until incompetency or death. In some cases, a Will may be registered in advance of death, if it is intended, for some reason, to be irrevocable. I usually recommend that any Will be witnessed and notarized, as with witnesses and a notary the ability to contest it on the basis of incompetency is much more difficult than a contest of a purely handwritten Will, as you would have the witnesses and the notary to testify as to competency. While anyone can do their own Will, or use a form from a stationery store, there may be reasons to have it prepared by a professional, expert in all areas of probate, taxes and other matters that may be involved. If you would like to discuss this, or just discuss what you may require to meet your specific needs, call me at (973)-377-3313. No charge for some simple questions.

Walter

Re: Will

Wills are not "Registered" in NJ unless it is probated (upon death). Wills must be acknowledge by 2 adults. Call me on Tuesday at 856 665-2121.

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