New Jersey

Overview

Here you will find what is required by state when making a living will. You will also find whether or not this specific state accepts oral or written wills.

Some key terms to keep in mind:

Testator: One who makes or has made a will; one who dies leaving a will.
Holographic Will: A will and testament that has been entirely handwritten and signed by the testator.
Oral Will: An oral will (or "nuncupative" will) is a will that has been delivered orally (that is, in speech) to witnesses, as opposed to the usual form of wills, which is written and according to a proper format.

State Requirements and Will Type Recognition

Code Section

3B:3-1, et seq.

Operative Facts

1. Declarant must be competent
2. Declarant must be an adult
3. document must be signed
4. document must be dated
5. must be made in presence of 2 witnesses who shall attest that declarant is of sound mind and free of duress and undue influence or in front of a notary public, attorney, or another person authorized to administer oaths. May be supplemented by video or audio tape recording
6. directive implemented when determination of lack of decisionmaking capacity is documented and confirmed by physicians

Age of Testator

18 years or older and of sound mind

Number of Witnesses Required

Signed by at least two people who witnessed signing or testators acknowledgment of the signature or of the will.

Oral Will Recognition

Not recognized

Holographic Will Recognition

Valid whether or not witnessed if signature and material provisions are in testators' handwriting.