Legal Question in Wills and Trusts in New Jersey
Can spouses or close family members Witness POAs, Wills, Advance Directives?
Is it legally permitted for spouses and other close family members to sign as a Witness on a Durable POA, a Will, and or an Advance Directive in New Jersey, or must Witnesses be non family members for the above 3 items to be legally binding? Thank you.
Asked on 8/31/06, 11:36 am
1 Answer from Attorneys
Jonathan Chester
The Law Office of Jonathan S. Chester, Esq., LLC
Re: Can spouses or close family members Witness POAs, Wills, Advance Directives?
Signing as a witness by a family member does not by itself 'invalidate' the document. However, it is not a good practice, and should be avoided as it could raise a question as to undue influence, etc.
Answered on 8/31/06, 1:43 pm
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