The issue of creating a will can often be a contentious one, which may be why so many tend to avoid doing it (at least publicly). Many in Ocean County & believe the estate planning process must be a formal affair, where you and other potential parties to an estate should be called together to provide your input into how your loved one should disperse their assets. Yet does your family member or friend have an obligation to include you in this process? No, they do not. In fact, some may simply write our their will themselves and then pass them on to the appropriate parties. Here at Campbell & Pruchnik, LLC, many often ask us if such a will is even valid.
The requirements for executing a will in New Jersey can be found in Section 3B:3-2 of the state's Statutes. Here it states that a will must be executed in the following way in order to be valid:
- It must be in writing
- It must be signed by your loved one (or by someone who has their permission, and in their presence)
- It must be signed by two eligible witnesses