Is a typewritten will valid in New Jersey?

Q: Can a typewritten will be considered a holographic will in New Jersey?

No, a typewritten will is not classified as a holographic will in New Jersey. A holographic will must be in the testator's handwriting. However, a typewritten will can still be valid if it is signed by the testator and demonstrates clear intent to serve as a will.

Q: What is a holographic will?

A holographic will is a will that is entirely handwritten and signed by the testator. In New Jersey, it does not require witnesses if it meets these criteria. This type of will can be valid even if it does not follow the standard format.

Q: How can the intent of a testator be established in New Jersey?

The intent of a testator in New Jersey can be established through extrinsic evidence. This means that if there is clear proof showing that the testator intended a document to be their will, it may be upheld, even if it does not meet all formal requirements.

Q: What should I do if my will does not meet New Jersey's standard requirements?

If your will does not meet New Jersey's standard requirements, it may still be valid if you can provide evidence of your intent for it to serve as your will. Consulting with a legal professional experienced in New Jersey estate law can help clarify your situation and options.

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?

Category: Wills and Estates
Date: 04/07/2025
State: New Jersey

Answer:

In New Jersey, a will must generally be in writing, signed by the testator, and witnessed by at least two individuals. However, a typewritten will can still be valid if it meets certain criteria.

According to New Jersey law (N.J.S. 3B:3-2), a will does not need to comply with the standard witnessing requirements if it is a holographic will. A holographic will is one where the signature and key parts are in the testator's handwriting. In this case, since your aunt's will is typewritten but signed by her, it may be considered valid as a writing intended as a will.

Additionally, the intent of the testator can be established through extrinsic evidence. This means that if there is clear evidence that your aunt intended the document to be her will, it could be upheld even if it doesn’t follow the typical format.

For more specific guidance, consider consulting with a legal professional familiar with New Jersey estate law.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What makes a will valid in New Jersey?

In New Jersey, a valid will must be in writing, signed by the testator, and witnessed by at least two individuals. If a will is handwritten and signed by the testator, it may qualify as a holographic will, which has different requirements. The key is that the testator must intend for the document to serve as their will.