Creating a will is the best way to avoid future inheritance disputes among your surviving family members in the event of your death. When someone dies without a will, the distribution of their estate is determined by state law. These laws may not match your wishes.

In certain situations, a change in life circumstances may require you to revise your will. Understanding the specific steps required to ensure your revised estate plan is legally enforceable is important.

If you wish to change your will, you should speak with a knowledgeable estate planning attorney about updating an estate plan in New Jersey.

Basic Requirements for a Valid Will

Before someone can update their estate plan in New Jersey, they must have a valid will in place. According to N.J. Rev. Stat. § 3B:3-1, any individual can make a valid will if they are at least 18 years old and of sound mind.

Having a sound mind means the individual has the competency to understand their actions and reasonable knowledge of their own assets and close family members who stand to inherit from the will.

Additionally, N.J. Rev. Stat. § 3B:3-2 generally requires that the will is in writing, signed by the will-maker, also called the testator, or at their direction, and signed by at least two witnesses.

A court can still find a will valid even when it does not comply with the witness requirements, provided the testator intended to create a valid will and the signature and material portions of the estate plan are in their handwriting. Courts can also look at extrinsic evidence to help determine the testator’s intent.

Why Update an Estate Plan

Certain scenarios could require that a person in New Jersey update their estate plan to account for changes in life circumstances. For example, a change in an individual’s family structure could require updating an estate plan. This could include events such as:

• Marriage
• Divorce
• Birth or adoption of a child
• The death of a spouse, child, or other close relative

Additionally, a significant change in an individual’s financial well-being could require changing their will. Some examples include:

• Selling a business
• Selling highly valued tangible assets, such as a home or vehicle
• A significant increase in the value of an asset, such as a stock portfolio
• Any event that causes a significant increase or decrease in personal wealth

Future legal or regulatory changes, such as changes to state inheritance laws or tax regulations, could also require a will change.

How to Change or Revoke a Will

State law provides that a person can revoke a will by taking revocatory action such as burning, tearing, canceling, obliterating or destroying all or part of the will.

Additionally, the rule provides that the execution of a subsequent will revokes an existing prior will. The new will must expressly revoke the old will or contain contradictory terms.

The court will also presume a testator intended to replace an existing will if the new estate plan completely disposes of the decedent’s estate. If the subsequent will does not completely dispose of the estate, the court will presume the testator intended the second will as a supplement to the first estate plan.

If a subsequent will is presumed to have supplemented the first will, the second document will only revoke the first will to the extent there are conflicting terms. Generally, the court must see clear and convincing evidence that the testator intended to revise, revoke, or supplement their will.

An attorney in New Jersey can guide a testator through the steps required to update their will to ensure the revisions have full legal force and effect.

Contact a New Jersey Attorney Today About Updating Your Estate Plan

If you have experienced a life event that could require updating an estate plan in New Jersey, hiring an attorney can help save your loved ones and descendants from prolonged legal disputes upon your passing.

An attorney can answer questions about the appropriate form and actions necessary to update your estate plan based on your situation, including whether a revision or total revocation of your existing will is necessary. Contact our office today to schedule a consultation.