A will is a legal document that expresses an individual`s desire for how the estate would be maintained and distributed among the person`s inheritors after his/her demise. A testament is associated with the personal possessions of the testator, while a will states how the real estate is to be dispersed. The line between will has disappeared. The term testament relates to the writer’s personal belongings and real estate. In the time between writing the will and the testator’s demise, the underlined assets and liaison change; consequently, the will must withstand the test of time.
Typed and handwritten
The testator can draft the will in pen and paper or type it in simple language the writer himself. But the legal validity becomes uncertain if contested in a court of law and becomes vaguer if the nature of the will is ambiguous. A New Jersey Will is legal if a competent adult drafts it in sound mind, witnessed by two individuals, and treated self-verified if the testament is notarized. A well-drafted, documented testament ensures the testator’s desire is executed in a stated manner after the writer’s demise. It also lessens the possibility of a potential legal dispute. A contest will be an overwhelming experience for heirs and can last decades before the learned judge gives a final verdict.
Legally competent
An adult above eighteen can write and execute a testament within the jurisdiction of New Jersey. The executor of the will must be legally competent. The term competent related to law encompasses many aspects, including procedure, evidence, and employment. In general, it refers to the ability of the person to act under a given situation, perform an occupation, reasoning ability, and decision-making capability. In terms of the last testament, the person should understand the intention and execution of the will, the real estate, its location, and the beneficiaries of the will. Cognitive impairment or dementia is a decisive factor regarding the testator’s competence. The cognitive competence of the demised person while creating the will is often the central focus for a will to be contested in a court of law.
Different rules
The sets of applicable laws are different for handwritten and typed testaments. In the former, no witness is mandatory unless a person identifies the handwriting as the same as the testator ( the deceased person). In the case of the typed testament signature of the attorney who drafted the will, the signature of two witnesses is obligatory, implying all concerned parties acknowledged they endorsed the testament. If online templates are used while creating the testament, it is judicious for the public notary of the document to authenticate the signatures.
Notary the will
In New Jersey jurisdiction, it is not mandatory to notarize, but when the notary signs the document, it becomes self-proving. Implying the Surrogate Will is deemed authentic, and no further steps are required to prove its legitimacy. If the will is not notarized, the court summoned the witness, and the probate process becomes lengthy and expensive. There is also an option to document the will in the state will registry in lieu of a small fee. The legitimacy of the testament becomes more obvious.
