Benefits of a Last Will and Testament

A properly prepared Last Will and Testament allows an individual to:

Specify who will receive their assets and how those assets will be distributed (without one, New Jersey’s intestacy laws make these decisions)

Appoint an executor to oversee the management of their estate

Designate guardians to care for their minor children

Select trustees to manage assets for minors or beneficiaries with special needs

Reduce costs, minimize delays, and decrease the likelihood of family disputes

Avoid the requirement for costly surety bonds in many situations

Requirements for a Last Will and Testament in New Jersey

The individual must be at least 18 years old and of sound mind.

The Last Will and Testament must be in writing and signed by the testator.

At least two witnesses, each at least 18 years old, must observe the signing.

Most modern Wills include a “self proving affidavit,” signed before a notary or attorney. This eliminates the need for witnesses to appear during probate.

Handwritten (A/K/A Holographic) Wills and DIY Wills

A handwritten will may be valid if the signature and key provisions are in the testator’s handwriting. A handwritten will must be probated in Superior Court, which is significantly more expensive and time consuming. A typed, properly executed Last Will and Testament is strongly recommended.

A Last Will and Testament is one of the most important legal documents you will ever sign. While low-cost templates may be available on the internet, professional guidance is strongly recommended.