Creating a valid will is an important part of the estate planning process. Our NJ estate planning attorneys have dealt with many cases where someone thought their will was valid, but unfortunately, due to certain laws and technicalities, their will is considered invalid. This is especially frustrating for the family of the deceased because their loved one is no longer around to help clear up any confusion and fix the problem.
It’s critical to know the requirements for creating a valid will in New Jersey:
- The person executing the will must be at least 18 years of age.
- The person must be “of sound mind,” a legal phrase that means a person is mentally sound and not mentally incapacitated in any way. It must be clear that the person is able to coherently make decisions for themselves.
- A valid will must be in writing, either handwritten or typed. It cannot be an audio recording or a video.
- A valid will must be signed by the person executing it, and their signature must be witnessed by two people.
Once you’ve created a last will and testament, there are separate processes you must go through if you want to make changes to the original document. You’ve undoubtedly heard about family disputes over changes and amendments to a loved one’s will, and once the person is gone it becomes much more difficult to resolve these disputes.
Ensuring your will is valid in NJ
The easiest way to create a valid will is to work with a trusted estate planning attorney. There are many things to consider when creating your will, including how you want your assets distributed, to whom you leave your possession, and how the contents of your bank account will be divided among those you declare benefactors. You’ll also need to select someone to be your guardian in the event that you become mentally unable to make decisions for yourself, and this is not a choice to take lightly.
Rather than create your will by yourself at home, please work with a professional who can provide the necessary guidance and expertise to ensure your will is valid.
If you have any questions about creating a valid last will and testament, or for more information about estate planning in NJ, please contact our estate planning attorneys today. Discover why so many people in NJ trust us with their estate plans, including their wills, by visited our website at: https://www.scclegal.com/