Add Conditional Fields Legal New Jersey Wills Forms For Free

A will that was executed under undue influence, coercion or fraud will be invalidated by a court.

The conditions made on a bequest may either precede or occur subsequent to the bequeathment of assets made through a will. However, in order to be valid the conditions must not force the recipient to do anything against their will, and they must have a choice in the matter.

Just as an example, a Will must be signed in front of 2 witnesses and notarized. But if there is a situation where 1 or more of the witnesses signed the Will after the fact, thereby not actually witnessing the signing of the Will, then the document could be deemed as invalid.

Generally, you can revoke a will by: Destroying the old will. Creating a new will. Making changes to an existing will.

For example, a residuary clause can specify the testator's “children, in equal shares” or can distribute the estate unevenly, such as 40% to one child and 60% to another. Residuary clauses should also specify backup beneficiaries in case the initial beneficiaries are dead or renounce their interests in the estate.

No-contest clauses (also known as in terrorem clauses, contest clauses, anti-contest clauses, and forfeiture clauses) are clauses in a will that impose a condition upon a devisee or legatee that they will not dispute the provisions of a will.

By inserting a Common Tragedy Clause (sometimes called a “catch-all provision”, “long stop provision” or a “default clause”), the testator remains in control of what happens to his or her estate and who will inherit in the event that all the primary beneficiaries die either before or at the same time as the benefactor.

Additionally, a will can include other crucial provisions such as the appointment of an executor to oversee the process of estate administration, the designation of guardians for minor children, and specific directives for funeral arrangements or charitable donations.

New Jersey courts have recognized three types of mistakes in this context: mistake in the execution (the testator was mistaken as to the nature of the document—for example, the testator signed another person's will), mistake as to the contents, and mistake in the inducement (the testator was influenced to execute the ...