Kenneth Vercammen & Associates, P.C.
2053 Woodbridge Ave.
Edison, NJ 08817
(732) 572-0500

Wednesday, August 24, 2016

NJSA 3B:3-2 Execution; Witnessed Wills; Writings Intended as Wills

3B:3-2. Formal execution of will
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 testators name by some other individual in the testators conscious presence and at the testators 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 testators 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 testators handwriting.

c.Intent that the document constitutes the testators will can be established by extrinsic evidence, including for writings intended as wills, portions of the document that are not in the testators handwriting.

L.1981, c.405, s.3B:3-2, eff. May 1, 1982; amended 2004, c.132, s.9; 2005, c.160, s.2.

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