But figuring out how to create a valid will can feel daunting….Do I need a lawyer? What are the requirements? Who can be my witnesses? This article cuts through the legal jargon and lays out the requirements for a valid will in New Jersey, so you can ensure your legacy lives on exactly as you envision it. Let’s dive in.

New Jersey requires a valid will to be in writing, signed by the will-maker (the Testator), and witnessed by two people (N.J. Stat. § 3B:3-2). These requirements are meant to prevent fraud and ensure that the document truly reflects the will-maker’s wishes. The writing requirement eliminates ambiguity and relying on faulty memories. The signature serves as proof of the will-maker’s intent to create a will and authenticate the document. Finally, the witness requirement provides an additional verification of the will-maker’s signing and mental capacity at the time, further protecting against undue influence or coercion.

So, what exactly is required of the witnesses? Well, for starters, two witnesses are required. They should both be competent enough to understand the situation at hand. The two witnesses should also be disinterested, meaning that they are not receiving any benefit from the will, as this could later be construed as undue influence upon the will-maker.  

In addition, each witness must sign the will within a “reasonable time” after they witnessed the will-maker signing: The witnesses should be physically present and visibly see the testator sign the will themselves. (N.J. Stat. § 3B:3-2).

What is a self-proving will?

A self-proving will is one that “self proves” it’s validity in the probate process. It’s not required, but it can be helpful during the probate process by removing the necessity to call in witnesses to prove the will-maker’s sound mind, lack of coercion, age, and willingness to sign the document. 

Getting a self-proving will includes adding specific language to your will and having both the Testator and the witnesses sign off on it in front of a notary public. 

The “specific language” says something along the lines of, “I, the Testator, am willingly signing this document, without any duress or undue influence, I’m of sound mind, and at least 18 years old.” Then the Testator signs off on this in front of notary public. And then there’s also a section for the witnesses to do something similar (N.J. Stat. § 3B:3-4).

Nope! Notarization is not a strict requirement, though it can be helpful if you use notarization to create a self-proving will, as outlined in N.J. Stat. § 3B:3-4. Self-proving wills are not required, but can help speed up the probate process. Without a self-proving affidavit, the court may require additional evidence to verify the will’s authenticity, potentially leading to delays and complications. Therefore, while not mandatory, creating a self-proving will which includes notarization is recommended to avoid potential issues down the line.

Nope! Lawyers are not required to create a valid will in New Jersey (N.J. Stat. § 3B:3-2). All that is required is that it’s in writing, signed by the will-maker, and witnessed by two competent, disinterested witnesses. Easy peasy! However, hiring a lawyer to help you draft your will can be beneficial because estate planning lawyers are experienced in drafting wills and can give you peace of mind that your will is enforceable. In addition, they may be able to assist your beneficiaries in probate court once you pass in.

Well, there you have it, folks! Everything you need to know about creating a valid New Jersey will. It’s simple—put it in writing, sign it, and have it witnessed by two competent, disinterested witnesses. And, if you want to go a step further, you can create a self-proving will and get it notarized (though this isn’t strictly required). Making sure you follow the requirements is crucial to protecting your loved ones and making sure your wishes are followed after you pass.