subject: Essential Requirements For New Jersey Wills [print this page] The basic requirements for New Jersey Wills are relatively straight-forward. Read the article to know why you need a well drafted will.
While it is permissible for an individual to draft their own Will or to use a kit, a Will properly drafted by an attorney helps to avoid numerous legal issues regarding the transfer of property at death and may help to minimize the tax burden on the Estate.
In addition to providing proper planning, a Will prepared by an attorney will meet the legal requirements for probate and will avoid ambiguity or uncertainty that may cause problems in the administration of the Estate. A single improperly drafted clause can lead to protracted litigation among the beneficiaries or other heirs. An estate planning attorney drafts a Will to insure that the testators wishes are met. Experienced counsel diminishes the chances of any confusion or unnecessary complications in the Will.
A misplaced word or technical defect may create ambiguity, or worse, and that is where the trouble starts. The cost of hiring an attorney to draft of a Will is a worthwhile investment and a gift to the beneficiaries.
Major Requirements for Will?
New Jersey has greatly reduced the formal requirements for the making of a Will. To be admitted to probate, a Will must meet relatively simple requirements, such as being signed by testator in the presence of two witnesses who are not beneficiaries under the Will. New Jersey laws accept handwritten Wills in many instances, and may even accept a document intended to be a Will but lacking the formal requirements. The legal burden of probating such a Will, however, is significant.
An estate planning attorney will make a Will self-proving, meaning that the witnesses are not required to appear before the Surrogate before the Will is admitted to probate. The attorney-prepared Will will likewise avoid ambiguous drafting that can greatly increase the cost of estate administration, while at the same time maximizing the tax planning that is part-and-parcel of proper estate planning.
Hiring an estate planning lawyer with experience in drafting Wills is advisable in New Jersey Wills if drafted well can reduce the chances of expensive litigation and minimize the tax burden on the Estate.
