LAST WILL AND TESTAMENT
of
[TESTATOR’S FULL LEGAL NAME]
TABLE OF CONTENTS
- Document Header and Preliminary Declarations
- Definitions
- Revocation of Prior Instruments
- Appointment of Personal Representative (Executor)
- Disposition of Property
5.1 Tangible Personal Property
5.2 Specific Bequests
5.3 Residuary Estate - Guardianship of Minor Children
- Administrative & Fiduciary Powers
- Risk Allocation and Dispute Resolution
- Miscellaneous Provisions
- Execution, Witness Attestation & Self-Proving Affidavit
1. DOCUMENT HEADER AND PRELIMINARY DECLARATIONS
1.1 Identification. I, [TESTATOR’S FULL LEGAL NAME], presently residing at [STREET ADDRESS, MUNICIPALITY, COUNTY, STATE OF NEW JERSEY] (“Testator”), being of sound mind and at least eighteen (18) years of age, hereby declare this instrument to be my Last Will and Testament (“Will”).
1.2 Governing Law. This Will is executed pursuant to and shall be construed in accordance with the probate laws of the State of New Jersey, including but not limited to N.J. Stat. Ann. § 3B:3-2.
1.3 Consideration. This Will is made in contemplation of the orderly disposition of my estate and to avoid intestacy.
2. DEFINITIONS
For purposes of this Will, capitalized terms have the meanings set forth below:
“Assistant Executor” means the individual(s) named in Section 4.2.
“Estate” means all property passing under this Will, wherever situated, including any augmentations thereto.
“Executor” means the Personal Representative appointed in Section 4.1.
“Issue” means lineal descendants of all degrees, whether by blood or legal adoption.
“NJ Probate Court” means the Surrogate’s Court or, if contested, the Superior Court of New Jersey, Chancery Division, Probate Part.
“Personal Property Memorandum” means a separate writing disposing of tangible personal property pursuant to N.J. Stat. Ann. § 3B:3-11.
[// GUIDANCE: Add, modify, or delete definitions to fit the client’s circumstances. Ensure all defined terms are capitalized consistently throughout the document.]
3. REVOCATION OF PRIOR INSTRUMENTS
I hereby revoke all prior wills and codicils executed by me.
4. APPOINTMENT OF PERSONAL REPRESENTATIVE (EXECUTOR)
4.1 Primary Executor. I appoint [PRIMARY EXECUTOR NAME], currently residing at [ADDRESS], as Executor of my Estate.
4.2 Successor Executor. If the individual named in Section 4.1 is unable or unwilling to serve, I appoint [ALTERNATE EXECUTOR NAME], currently residing at [ADDRESS], as Successor Executor.
4.3 Bond Waiver. No Executor shall be required to furnish bond or other security.
4.4 Executor Indemnification. Each Executor shall be indemnified and held harmless out of the Estate against any and all claims, liabilities, losses, and expenses (including reasonable attorneys’ fees) arising out of the good-faith performance of fiduciary duties, provided that such liability does not arise from the Executor’s gross negligence or willful misconduct. The total indemnification shall be limited to the assets of the Estate (“Liability Cap”).
[// GUIDANCE: Consider increasing protection for professional fiduciaries by referencing N.J. statutes on fiduciary compensation and liability.]
5. DISPOSITION OF PROPERTY
5.1 Tangible Personal Property
I give my tangible personal property in accordance with any Personal Property Memorandum that I may leave, which is hereby incorporated by reference. Should no such memorandum exist, or to the extent it is incomplete, I give all remaining tangible personal property to [BENEFICIARY NAME OR CLASS].
5.2 Specific Bequests
A. Cash Gift. I give the sum of $[AMOUNT] to [BENEFICIARY NAME].
B. Real Property. I devise my real property located at [ADDRESS OR LEGAL DESCRIPTION] to [BENEFICIARY NAME], subject to all encumbrances of record.
5.3 Residuary Estate
The rest, residue, and remainder of my Estate (“Residuary Estate”) I give, devise, and bequeath to [PRIMARY RESIDUARY BENEFICIARY].
If [PRIMARY RESIDUARY BENEFICIARY] shall fail to survive me, the Residuary Estate shall pass to [CONTINGENT BENEFICIARY] in equal shares, per stirpes.
[// GUIDANCE: Replace per stirpes with per capita or another distribution modality as appropriate.]
6. GUARDIANSHIP OF MINOR CHILDREN
If at my death I am the parent of a minor child, I nominate [PRIMARY GUARDIAN NAME] as Guardian of the person and property of such minor. If [PRIMARY GUARDIAN NAME] is unable or unwilling to serve, I nominate [ALTERNATE GUARDIAN NAME].
7. ADMINISTRATIVE & FIDUCIARY POWERS
7.1 Powers Granted. In addition to statutory powers under N.J. law, I grant my Executor all powers allowable to a fiduciary, including but not limited to: sell, lease, exchange, manage, invest, settle claims, and distribute assets in cash or in kind without court order.
7.2 Payment of Debts, Expenses, and Taxes. My Executor shall pay all enforceable debts, administration expenses, fiduciary compensation, and estate taxes from the Residuary Estate unless specifically directed otherwise.
7.3 Simultaneous Death. If a beneficiary does not survive me by [X] days, such beneficiary shall be deemed to have predeceased me for all purposes of this Will.
7.4 No-Contest Clause. Any beneficiary who directly or indirectly contests this Will shall forfeit all benefits hereunder, and the contested share shall lapse into the Residuary Estate. A good-faith petition for construction or clarification shall not constitute a contest.
8. RISK ALLOCATION AND DISPUTE RESOLUTION
8.1 Limitation of Liability. Except as provided by applicable law for acts of bad faith or willful misconduct, no Executor or Guardian shall be personally liable for any act or omission made in good faith. Recovery, if any, shall be limited to the assets of the Estate in accordance with Section 4.4.
8.2 Injunctive Relief. In the event of a dispute concerning the validity or interpretation of this Will, the NJ Probate Court may issue temporary or permanent injunctive relief to preserve Estate assets pending resolution. Nothing in this Section shall be construed to limit the Probate Court’s inherent equitable powers.
8.3 Forum Selection; Jury Waiver. Any proceeding regarding this Will shall be brought exclusively in the NJ Probate Court. To the fullest extent permitted by law, the parties waive trial by jury.
8.4 Arbitration. No arbitration provisions apply to this Will.
[// GUIDANCE: NJ probate courts do not typically allow mandatory arbitration of will contests; retain clause as drafted.]
9. MISCELLANEOUS PROVISIONS
9.1 Severability. If any provision of this Will is determined to be unenforceable, the remaining provisions shall remain in full force.
9.2 Headings. Section headings are for convenience only and do not affect interpretation.
9.3 Digital Assets. I grant my Executor authority over my digital assets and electronic communications to the maximum extent permitted under the Revised Uniform Fiduciary Access to Digital Assets Act (N.J. Stat. Ann. § 46:30B-1 et seq.).
9.4 Integration. This Will, together with any duly-executed codicils and any Personal Property Memorandum, constitutes my entire testamentary plan.
9.5 Counterparts & Electronic Signatures. This Will may be executed in counterparts, and counterparts shall be considered one instrument. An electronic or scanned signature shall be deemed an original where permitted by N.J. law.
10. EXECUTION, WITNESS ATTESTATION & SELF-PROVING AFFIDAVIT
10.1 Testator’s Signature
IN WITNESS WHEREOF, I, [TESTATOR’S FULL LEGAL NAME], sign my name to this Will on this ___ day of _, 20_, at ______, New Jersey.
[TESTATOR’S SIGNATURE]
10.2 Witness Attestation
We, [WITNESS #1 NAME] and [WITNESS #2 NAME], hereby attest that:
(a) The Testator signed or acknowledged this Will in our presence;
(b) The Testator declared this instrument to be his/her Last Will and Testament;
(c) We, in the presence of the Testator and of each other, sign our names as witnesses;
(d) Each of us is at least eighteen (18) years of age and not a beneficiary under this Will.
Executed on the ___ day of _, 20_, at ______, New Jersey.
| Witness Signature | Printed Name | Address |
|---|---|---|
| ________ | ________ | ________ |
| ________ | ________ | ________ |
10.3 Self-Proving Affidavit
State of New Jersey )
County of ____ ) ss.:
On the ___ day of ____, 20__, before me, the undersigned authority, personally appeared [TESTATOR’S NAME], [WITNESS #1 NAME], and [WITNESS #2 NAME], known to me or satisfactorily proven to be the individuals whose names are subscribed to the foregoing instrument, and each of them, being duly sworn, did depose and say:
- That the Testator executed the instrument as his/her Will;
- That the Testator was of sound mind and at least eighteen (18) years of age;
- That each witness signed the Will in the presence of the Testator and of each other; and
- That to the best of their knowledge, the Testator was not under duress, fraud, or undue influence.
Notary Public, State of New Jersey
My Commission Expires: ____
[Seal]
[// GUIDANCE: Recording the self-proving affidavit greatly expedites probate under N.J. law. Ensure the notary’s commission is current and the acknowledgment complies with N.J. R. 4:82-2.]
END OF DOCUMENT