It may be difficult, but planning for the future may be helpful for your loved ones after your passing. You may also have plans for certain assets and heirlooms, so it is important to put those ideas down on paper.
If you want to create a last will and testament, or you are considering making changes to a current will, you may want to consult an attorney. A seasoned Moorestown wills lawyer can be well-informed on current laws for estates.
Last Wills and Testaments in Moorestown
In order to be accepted for probate, a will must first be deemed valid by a court. A testamentary document could be considered invalid if it lacks certain elements, but among other services, an adept Moorestown wills attorney could work to ensure that such a document is enforceable.
Individuals who are over the age of 18 and of sound mind may create a will. Per New Jersey Revised Statutes §3B:3-2, two witnesses must also be present when the author of the will—called the testator—signs the document. The witnesses are also required to sign it.
Proving That a Document Is a Will
Most residents of Moorestown type their testamentary instruments or have a legal professional do so on their behalf. However, a handwritten document—also known as a holographic will—might also be viewed as valid under some circumstances.
In order to show that a hand-scribed page was meant to serve as a will, the custodian or the heirs may need to provide the court with additional evidence. Interested parties may supplement the handwritten document with affidavits, letters, or emails that may persuade the court. It may be beneficial to involve an experienced wills law firm in such proceedings.
Will Revisions in Moorestown
Even if a testator wants to change or revoke their will, will revisions or additions may not have the legal effect that was intended. Because of the complex nature of estate planning, it may be a prudent idea to consult a wills lawyers in Moorestown prior to altering a testamentary document.
A will in Moorestown may also be revoked if the testator wants to get rid of it altogether. This can be achieved by the testator tearing up the pages or directing someone else to burn it in their presence. By the authority of N.J.R.S. §3B:3-13, an author of a will may alternatively revoke it by creating a new document which states that the prior will is rescinded.
Contact a Moorestown Wills Attorney Today
The laws regarding wills in Moorestown can be confusing and complicated. Trying to create and execute a last will and testament on your own could backfire, resulting in a document that might not be admitted to probate.
If you have decided that it is time that you wrote a will, it might be wise to contact a Moorestown wills lawyer for guidance. It is never too early, nor too late to work on your will and testament, and thorough preparation and assistance from an attorney can help ensure that your final wishes are carried out and your assets are divided as you see fit. Call today to get started.