People draft wills to ensure that their final wishes are understood. A will can provide peace of mind by ensuring that a person’s property and the care of their children are handled according to their wishes after death.

However, to be effective, certain requirements of a valid will in Manalapan Township must be met. If a will does not meet these statutory requirements, a court could invalidate it. A skilled wills attorney could work closely with you to ensure your will is effective.

Who Can File a Will?

Testators must be at least 18 years of age to write a will. They must understand the purpose of the will, know what property they own, and understand to whom they wish to leave it. Only legally competent adults can execute a will.

The issue of competence often comes into question when a family member contests a will, particularly if the decedent was elderly and might have been suffering from Alzheimer’s or other forms of dementia. If a member of a decedent’s family is excluded from the will, they may claim the document is invalid, arguing that the decedent lacked full understanding when signing it.

If you are planning to draft a will, our skilled Manalapan Township attorneys could meet with you to ensure you understand the specifications and that your wishes are clearly represented.

How To Execute a Will

Manalapan Township has different criteria for the execution of a will, which depend on how it is written.

Handwritten Wills

If you write your will by hand, the state does not require you to have witnesses sign it. However, to be enforceable, someone must verify that you wrote and signed the will. Therefore, a handwritten or holographic will can be problematic, as disputes can arise over the authenticity of the handwriting, whether the handwritten will truly represents the testator’s wishes, or whether the testator was coerced into writing it. Consequently, a handwritten will can lead to a costly contest and delay the probate process.

Typed Wills

Most wills are typed. A typed will can be considerably more comprehensive than a handwritten one because it can include more information. Additionally, updating a typed will is easier. To be valid, the testator and two witnesses must sign it. To prevent a later dispute about coercion or undue influence, the witnesses would ideally not also be beneficiaries under the will. However, the will could still be valid even if you use a beneficiary as a witness.

A notary public does not need to notarize your will. However, if it is notarized, it becomes self-proving, meaning no other steps are required to verify it. Without notarization, witnesses may need to testify in court to confirm its authenticity.

To ensure your will is legally binding, you should consult with our knowledgeable and experienced legal team.

Contact a Manalapan Township Attorney About Will Prerequisites

Before you die, it is important to have all arrangements in place to protect your family. The best way to ensure that the right people inherit your property is to draft a clear will.

A local lawyer from our team could ensure that your will meets the requirements of a valid will in Manalapan Township.

Contact us today for a free consultation.