[NJ] I went with my husband to a lawyer to witness my father's last will. Can I be voided from the will since I am a beneficiary?
June 26, 2025
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That doesn’t invalidate it. (NJ Rev Stat § 3B:3-8)
It can be challenged because you’re an interested party, but that would take somebody objecting. So it should be two uninterested witnesses normally. I wouldn’t love you signing it, but I don’t think it’s fatal, nor does it automatically mean anything improper occurred.
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I am in NJ. I went with my husband to a lawyer to witness my father's last will. The lawyer stated it doesn't matter who witnesses the will signing. I am now reading that I can be voided from the will since I am a beneficiary. Is that true?
I understand your concern. Can you clarify if your husband was also named as a beneficiary in your father's will?
No, he is not.
Have you discussed this issue with the lawyer who witnessed the will signing?
I asked before I witnessed and he said it doesn't matter who the witness is.
Is there anything else the Estate Lawyer should know before I connect you? Rest assured they'll be able to help with witnessing the will.
We are also filing a codicil soon renaming me as executor, and again I will be a witness.
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Ok.
That doesn’t invalidate it. (NJ Rev Stat § 3B:3-8)
It can be challenged because you’re an interested party, but that would take somebody objecting. So it should be two uninterested witnesses normally. I wouldn’t love you signing it, but I don’t think it’s fatal, nor does it automatically mean anything improper occurred.
My main concern was probate if they saw the witness name. All other siblings are on board with it.
Then there’s no real concern. It’s fine. No objection, no scrutiny.
Awesome! Thank you for your educated input.
My pleasure. Anything else I can help with or clarify?
That was all, thank you.
