Four Errors that Could Render a New Jersey Will Invalid
A properly drafted will is the foundation of any estate plan in New Jersey. Unfortunately, mistakes during the creation or execution of a will can cause significant legal problems for families after a loved one’s passing. If a will is found to be invalid, the estate may be distributed under state intestacy laws rather than according to the decedent’s wishes. At Poulos LoPiccolo PC, we want to make sure that you avoid any mistakes. In this article, our New Jersey estate planning lawyer highlights four errors that could render your will invalid.
Error #1: Not Following New Jersey’s Formal Signing Requirements
One of the most common mistakes is failing to meet the legal standards for signing a will. In New Jersey, a will must be signed by the testator and witnessed by at least two people who are present at the same time. If these formalities are not observed, a court could later rule that the will is invalid. Families are then left with uncertainty and conflict during an already painful time. The solution is clear and relatively straightforward: Make sure that your will is signed.
Error #2: Using Ambiguous or Unclear Language
Another error that can create major problems is writing a will in a way that is vague or confusing. When wording is unclear, beneficiaries may disagree about what you truly meant, and the court may have to step in to interpret the document. This not only delays the process but can also spark unnecessary family disputes. A carefully drafted will should be written in plain, precise language so there is no room for doubt. It is a key reason why it is best to have a will written by a lawyer.
Error #3: Forgetting to Revoke or Update Old Wills
Life changes. Marriage, divorce, the birth of children, or significant financial shifts all require revisiting your estate plan. It is a good idea to update a will if it needs to be changed to meet your needs. However, another common mistake is failing to revoke outdated wills or forgetting to update the document to reflect new circumstances. If multiple wills are discovered, or if the most recent one does not account for current realities, disputes may arise. It can leave your loved ones facing a long, painful probate battle.
Error #4: Attempting a DIY Will Without Legal Guidance
With so many online templates available, it can be tempting to create a will without professional help. Unfortunately, do-it-yourself wills often contain errors, omit critical provisions, or fail to comply with New Jersey’s legal requirements. A small oversight could completely invalidate the document, leaving your family unprotected. Beyond the legal issues, a DIY approach can also increase stress for loved ones who must navigate unclear instructions.
Contact Our New Jersey Estate Planning Lawyer for Wills Today
At Poulos LoPiccolo PC, our New Jersey estate planning attorney can help you draft a fully customized will that is best suited for your specific situation. If you have any questions about how to write a will in New Jersey, please do not hesitate to contact us today. With an office in Monmouth County, we provide estate planning services throughout all of New Jersey.
