Can I revise my will by marking it up with changes?

by Rapoport Law Firm  - November 27, 2023

New Jersey law does allow for a handwritten will or handwritten changes to a will, BUT we do not recommend it. A holographic will, as it is called, has strict requirements: it must be the testator's handwriting, all changes must be dated and signed, and it must be clear that the testator was of sound mind and not unduly influenced by anyone. This can be very hard to establish. Such a will is much more likely to be contested in court, and the court will not accept the changes if there are issues of illegibility or vague language that could be interpreted in different ways.

Many people are worried about the cost of going to a lawyer, but court costs will very quickly grow much higher, and in the end, your assets may be distributed differently than you wanted them to. If the change you want to make in your will is small, we can prepare a codicil (an amendment) to be attached to your will, or if changes are significant, you would sign a new revised will.

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