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A New Jersey Last Will and Testament is a document backed by the state that allows a person, referred to as a Testator, to declare how they would like the items of their estate distributed after their death. In New Jersey, Title 3B of the New Jersey Statutes lays out the boundaries and requirements for all wills written in the state. In New Jersey, Testators are required to be at least 18 years of age or older and be of sound mind. The term "sound mind" does not mean that a Testator may not have any mental challenges, but rather the Testator has an understanding of what they are doing. These statutes also specify that Oral Wills, formally known as Nuncupative Wills, are not recognized, and will not be honored if used. Holographic Wills, more commonly known as Handwritten Wills, are recognized and will be honored regardless of whether or not the document has been witnessed. However, the material provisions of a Handwritten Will must be entirely in the Testator's handwriting.
To complete a last will and testament in New Jersey, the Testator will provide a few detailed pieces of information. The first piece of information that the Testator will need to provide is his or her full name and complete address. Next, the Testator must provide the name of his or her Executor. Once the Executor has been identified, the Testator may then declare how his or her estate will be dispersed. After this, the Testator will describe how their assets will be divided between beneficiaries. After this, the Testator will sign the will, followed by his or her two (2) witnesses as required by law. Once all signatures have been provided, the will may then take effect, amending any previous will.