Are typewritten testaments or last wills in the state of New Jersey valid?
Full Question:
We are german citizens located in Germany. Our aunt deceased in 2008 at her home in Pamberton. Currently, the testament and last will from her which is completely written by typewriter, it is not penned handwritten, is this typewritten last will valid by law for the state New Jersey? In Germany there are only handwritten testaments and last wills are valid by law. Of course the testament is handwritten signed by our aunt and one more witness. Are typewritten testaments/last wills in the state of New Jersey are valid by law or not?
03/26/2009 |
Category: Wills and Estates |
State: New Jersey |
#15769
Answer:
A will in the maker's (testator's) handwriting is called a holographic will. Other wills in New Jersey are required to have two witnesses, but a holographic will isn't required to have witnesses, as long as it is signed by the testator.
The following is a New Jersey statute:
3B:3-2 Execution; witnessed wills; writings intended as wills.
a. Except as provided in subsection b. and in N.J.S. 3B:3-3, a
will shall be:
(1) in writing;
(2) signed by the testator or in the testator's name by some other
individual in the testator's conscious presence and at the testator's
direction; and
(3) signed by at least two individuals, each of whom signed within a
reasonable time after each witnessed either the signing of the will as
described in paragraph (2) or the testator's acknowledgment of that
signature or acknowledgment of the will.
b. A will that does not comply with subsection a. is valid as a writing
intended as a will, whether or not witnessed, if the signature and
material portions of the document are in the testator's handwriting.
c. Intent that the document constitutes the testator's will can be
established by extrinsic evidence, including for writings intended as
wills, portions of the document that are not in the testator's
handwriting.
