Legal Question in Wills and Trusts in New Jersey

Re: Witnesses for will

A beneficiary or executor named in a Will may act as a witness under NJ law. However, it is not a good practice to do so as it can raise an inference that the witness/beneficiary may have unduly influenced the testator when the Will was signed.

Re: Witnesses for will

In order to the will to be legally effective, it must be probated (i.e.filed) with the Surrogate's Court in the county where he died. Once that is done you are entitled to a copy. Bring that copy to an attorney and ask all of your questions. Recipients under a will may witness it, but their interests may be effected if the will is successsfully contested. If you have other questions please call my office for an appointment. Mention law guru for a free initial consultation. Good luck.

Re: Witnesses for will

In NJ persons named in the Will can act as witnesses also. I suggest contacting the Surrogate's office in the County where your grandfacther died to see what has been probated. A copy cannot be probated, but can be used for an administration with the Will annexed, which still gives credence to the copy of the Will. If you believe some fraud has been used, you must file a caveat to the probate procedure. You must act fast, as there is a limited time to do this. I suggest hiring a local attorney familiar with NJ probate matters to assist you, if you are entitled to a share of the estate; particularly if there is no Will and your grandfather is considered to have died intestate (without a Will).