A Will is a document served to dispose of a Testator’s estate upon his or her demise. A Will can devise a Testator’s property, both real and personal; it can appoint a guardian for a Testator’s minor children in the event of his or her demise; and it can also dispose of the residue of the estate not otherwise bequeathed.

A Will appoints an Executor and Trustee vested with specific power and authority to manage and administer the estate of the Testator in accordance with his or her wishes. It is common for the Testator to direct payment of his debts, funeral expenses, and taxes before disposition of the estate.

In New Jersey, it is necessary for the Testator to sign the Will in the presence of two witnesses. The Testator must identify himself, establish residence in the State of New Jersey and declare the document to be his last Will. The Testator is required to revoke all prior testamentary dispositions as it is necessary to avoid any confusion in connection with other Wills made by the Testator. It is advisable to date the instrument to further avoid confusion.

A codicil is required in the event the Testator wishes to render minor changes, such as additions, deletions or alterations, in the terms of his or her existing Will.

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