When it comes to planning for the future, writing a will is one of the most caring things you can do for the people you love. It spells out your wishes and how you want the assets included in a will to be handled when you are gone. However, wills are not one size fits all. Different life situations call for different documents.
Some people do fine with a simple will for a straightforward estate. Others look at mirror or mutual wills to keep partners on the same page. In this post, we will walk through five common types of wills, explain what makes each one unique, and help you figure out which option fits your goals. When planning your estate, it’s important to have experienced guidance tailored to your specific situation. A will is not just a legal document; it’s the cornerstone of your legacy and peace of mind for your loved ones. If you need a lawyer to make a will, our New Jersey wills attorneys at The Matus Law Group can help you create a plan that fits your life and New Jersey law. Call us at (732) 785-4453 to schedule a consultation and get started with confidence.
Wills are a commonly used tool in the world of estate planning, allowing testators to list their final wishes, lay out their preferred division of assets, and provide for their heirs after their passing. There are many types of wills, each with its own benefits and drawbacks. Read on to learn more.
The Importance of Having a Last Will and Testament
If you pass away without a will, New Jersey’s intestacy laws decide where your property goes. Those rules might not match what you want, which is why having a last will and testament is generally advisable. A will lets you say who should receive your assets.
With a last will and testament, you pick the person who handles your estate. That person is called the executor. Choosing an executor ahead of time helps put your estate in capable hands. If there is no will, the court appoints an administrator under New Jersey intestacy rules. Priority usually goes to your surviving spouse or domestic partner, then other family members.
A will can be very specific. You can spell out how to divide your home, bank accounts, and any business interests. You can also name a guardian for your minor children. Clear instructions reduce stress and confusion for the people you love.
New Jersey Wills Attorney Christine Matus has years of experience in helping families create estate plans to ensure that their legacy is in good hands. Contact us to schedule a consultation.
Simple Will
A simple will is a straightforward will that covers basic distributions and executor/guardian choices, often suitable for small, uncomplicated estates. Some states offer statutory will forms, but New Jersey does not. In New Jersey, a will is valid if it is in writing, signed by the testator (or by another person in the testator’s conscious presence and at the testator’s direction), and signed by at least two witnesses within a reasonable time after witnessing the signing or acknowledgment.
Pour-Over Will
If you have a living trust, you may choose a pour-over will. A pour-over will directs that any remaining probate assets be distributed to (i.e., “poured into”) your trust at death, after which the trustee distributes them under the trust’s terms. New Jersey expressly authorizes devises to an existing or to-be-established trust, and such a devise is not invalid merely because the trust is amendable or revocable.
Holographic Will
New Jersey recognizes handwritten (holographic) wills. No witnesses are required if the signature and the material portions are in the testator’s handwriting. Courts may admit non-compliant writings when there is clear and convincing evidence the decedent intended the document to be a will (the “harmless error” rule), and courts can consider extrinsic evidence of intent. This doctrine is codified at N.J.S.A. 3B:3-3. Avoid mixing typed text for dispositive terms because only the material portions may be in the testator’s handwriting. The will must be signed by the testator.
Deathbed Will
Oral wills (also called “nuncupative” wills) are sometimes made shortly before death. This type of will is not recognized in New Jersey. To be valid, a will must be in writing and properly executed, or qualify as a holographic will under New Jersey law. A spoken statement, even with witnesses, does not create a valid New Jersey will.
Joint, Mutual, and Mirror Wills for Couples
Couples ask if they can share one will. A joint will is a single document that you and your spouse sign. It leaves property to the survivor, then to the agreed-upon beneficiaries after the second death. It sounds simple, but it can lock the survivor into old terms once one spouse passes. Life changes like a new child, a move, or remarriage make that rigidity risky. Courts may treat a joint will as a contract, inviting disputes and probate delays. Because of this, joint wills are uncommon for New Jersey couples today.
Mutual wills are separate wills plus a binding agreement not to change key terms later. Couples use them to protect children from prior relationships or keep a long-term gift plan. According to New Jersey law, a joint or mutual will does not become a contract preventing revocation without a separate, clear agreement to that effect. This approach trades flexibility for certainty.
Mirror wills are two separate wills with matching terms. You each leave assets to the other, then to the same backups. Either of you can update your own will at any time. Mirror wills are simple, familiar, and a good fit for many spouses with shared goals.
A New Jersey wills attorney can map your assets and beneficiary designations, flag conflicts with life insurance and retirement accounts, draft survivorship periods and guardianship choices, and add trusts to protect a spouse or children. We can advise when a mutual wills contract or a revocable trust makes more sense than a joint will. Finally, we can prepare signing steps that meet New Jersey formalities and prompt updates after major life changes. Talk through your goals before choosing carefully.
| Type of Will | Key Features | New Jersey Requirements / Validity |
|---|---|---|
| Simple Will | Basic distributions; names executor and guardians; best for small estates. | Must be in writing, signed by testator, and witnessed by two people. |
| Pour-Over Will | Transfers remaining probate assets into a trust at death. | Authorized even if trust is amendable or revocable. |
| Holographic Will | Entirely handwritten by the testator; no witnesses required. | Valid if material portions and signature are in testator’s handwriting. |
| Deathbed Will | Oral or nuncupative wills made near death. | Not recognized; must be written or qualify as holographic. |
| Joint, Mutual, and Mirror Wills for Couples | Joint: one will signed by spouses. Mutual: wills plus binding agreement. Mirror: separate wills with matching terms. | Joint wills disfavored; Mutual wills binding only with clear agreement; Mirror wills valid and flexible. |
New Jersey Wills Attorney
Christine Matus
Admitted to the New Jersey Bar and the U.S. District Court for New Jersey in 1995, Christine Matus brings three decades of experience guiding families through wills, special needs and estate planning, and related real-estate concerns. A graduate of Douglass College, Rutgers University (B.A., Economics, 1992) and Touro College Jacob D. Fuchsberg Law Center (J.D., 1995), she also completed International Criminal Law & Ethics studies at St. Anne’s College, Oxford (1993).
Christine’s practice is shaped by deep community service and leadership. She serves on the Attorney Arbitration Committee (2021–present), is Secretary and a Trustee of the Ocean County Bar Association, and is active with organizations including 21 Plus and MOCEANS, Inc. A frequent lecturer on special needs planning and nonprofit compliance, she has contributed to the Filipino community’s Turning Point and co-authored elder-law articles published by the New York State Bar. Clients appreciate her clear, compassionate approach to protecting loved ones and legacies.
What Type of Will Do I Need?
Identifying the right type of will for your situation is a fundamental step in ensuring your legacy is handled according to your wishes. The necessity of a will cannot be overstated; it provides clear instructions for the distribution of your assets and care for your dependents, and it can help avoid potential disputes among your heirs.
While a will is necessary for most people, the details within it will differ according to personal circumstances. A person with dependents, real estate, or distinct preferences for the management of their estate will need a will that thoroughly addresses these elements.
The simplest wills can designate an executor, dictate how to pay debts and taxes, and specify beneficiaries for your possessions. However, for those with larger or more complicated estates, different considerations may come into play, often requiring more complex wills.
Factors that influence the type of will you need include the size of your estate, the nature of your assets, whether you have minor children, if you wish to leave donations to charity, or if you need to account for the possibility of future changes in your family or financial status.
In any case, the most important step is to start the process. Consult with a legal professional who can guide you through the options and help craft a will that meets your specific needs and gives you peace of mind. Remember, the goal of a will is to ensure that your wishes are honored and your loved ones are cared for in the best way possible.
There are many estate planning options available to you. This is perhaps one of the most important legal documents you’ll draw up in your lifetime. Get the personalized assistance you need by contacting The Matus Law Group at (732) 785-4453.
