Handwritten wills—also known as holographic wills—may seem simple and personal, but in today’s world of blended families, out-of-state property, and international ties, their legality can get complicated fast. What once worked for a previous generation could now open the door to confusion, conflict, or even litigation.
That’s why it’s so important to understand the legal risks and requirements surrounding these types of wills. At SCC Legal, we’ve spent over 40 years helping New Jersey families protect their wishes and avoid unnecessary legal battles through properly drafted estate plans. In this article, we’ll break down what qualifies as a valid handwritten will in NJ, the potential pitfalls, and what to consider before taking the DIY route with your final wishes.
What Is a Holographic Will / Handwritten Will?
What is a holographic will? It is also called a handwritten will and is a legally valid document in New Jersey as long as the whole will is written in the testator’s handwriting and signed by the person writing the will. The document does not have to be witnessed. When a holographic will is challenged, handwriting experts and people familiar with the testator’s handwriting become involved, which can be time-consuming and involve legal fees.
What Are the Holographic Will Requirements?
New Jersey requirements for a typed and holographic will overlap in one instance as it requires the testator to be “18 years or older and of sound mind.” Conventional wills must be “signed by at least two people who witnessed signing or testator’s acknowledgment of the signature or of the will”, according to New Jersey Statutes, Title 3B, Section 3-1. It is not required of written wills.
Holographic will requirements are that the will is “valid whether or not witnessed if signature and material provisions are in testator’s handwriting.”
Is a Handwritten Will Legal?
A last will and testament, whether a conventional or written will, is an important estate planning document. Is a handwritten will legal in New Jersey? It is indeed legal if it complies with all the requirements set out by law. Holographic wills, however, must be filed in the Superior Court rather than the NJ Probate Court, where conventional wills are filed. SCC Legal estate lawyers can help to ensure your holographic will complies with all NJ legal requirements.
The Risks of a Handwritten Will
There are several risks to using a holographic will to communicate your desires. Changes to the handwritten will by crossing something out could lead to contestation. Do you wish to exclude someone from your will to whom your assets will normally pass? Are you a business owner? Do you want to arrange for the long-term care of a beneficiary? A holographic will can place all these matters at risk.
How to Write a Holographic Will
When your will is simple because you have only one surviving relative and a small number of assets that will go uncontested, you can consider writing a holographic will. Just ensure it complies with the law. However, it is best to see an experienced estate attorney such as SCC Legal if your estate is more complex. It minimizes the likelihood that anyone will be disputing your will.
For more information on estate planning law, or if you want to discuss the legalities of a holographic will in NJ, please contact our team at SCC Legal today or visit us at: https://www.scclegal.com/