Last Will Testament

Persons competent to make a will: Any person 18 or more years of age who is of sound mind may make a will. 3B:3-1.

Formal execution of will: A will shall be in writing, signed by the testator, and shall be signed by at least two persons each of whom witnessed either the signing or the testator's acknowledgment of the signature or of the will. 3B:3-2.

Who may witness a will: Any person generally competent to be a witness may act as a witness to a will and to testify concerning the execution thereof. 3B:3-7.

Will not invalidated if signed by interested witness: A will or any provision thereof is not invalid because the will is signed by an interested witness. 3B:3-8.

Laws determining valid execution of will: A written will is validly executed if executed in compliance with New Jersey law, or its execution was in compliance with the law of the place where it was executed, or with the law of the place where at the time of execution or at the time of death the testator was domiciled, had a place of abode or was a national. 3B:3-9.

Incorporation by reference: Any writing in existence when a will is executed may be incorporated by reference if the language of the will manifests this intent and describes the writing sufficiently to permit its identification. 3B:3-10.

Identifying devise of tangible personal property by separate writing: A will may refer to a written statement or list to dispose of items of tangible personal property not otherwise specifically disposed of by the will, other than money, evidences of indebtedness, documents of title, and securities and property used in trade or business. To be admissible under this section as evidence of the intended disposition, the writing must be either in the handwriting of the testator or be signed by him and must describe the items and the devisees with reasonable certainty.
The writing may be referred to as one to be in existence at the time of the testator's death: it may be prepared before or after the execution of the will; it may be altered by the testator after its preparation; and it may be a writing which has no significance apart from its effect upon the dispositions made by the will. 3B:3-11.

Revocation by acts of testator: A will or any part thereof is revoked: a. By a subsequent will which revokes the former will or part expressly or by inconsistency; or
b. By being burned, torn, canceled, obliterated, or destroyed with the intent and for the purpose of revoking by the testator or by another person in his presence and by his direction. 3B:3-13.

Revocation by divorce or annulment; revival by remarriage to former spouse: If after having executed a will the testator is divorced or his marriage annulled, the divorce or annulment revokes any dispositions or appointment of property made by the will to the former spouse, any provision conferring a general or special power of appointment on the former spouse, and any nomination of the former spouse as executor, trustee, or guardian, unless the will expressly provides otherwise. Property prevented from passing to a former spouse because of revocation by divorce or annulment passes as if the former spouse failed to survive the decedent, and other provisions conferring some power or office on the former spouse are interpreted as if the spouse failed to survive the decedent. A judgment from bed and board is a divorce for the purpose of this section. If provisions are revoked solely by this section, they are revived by testator's remarriage to the former spouse or by the revocation or suspension of a judgment of divorce from bed and board. No change of circumstances other than as described in this section revokes a will. 3B:3-14.