Research State Law Paper
docx
keyboard_arrow_up
School
Liberty University *
*We aren’t endorsed by this school
Course
200
Subject
Law
Date
Jan 9, 2024
Type
docx
Pages
4
Uploaded by CoachWillpower323
Jessica Klein
Liberty University
Introduction To Paralegal Studies
PLST 200
Professor Laurie Bremer
November 11, 2023
Research State Law Assignment
New Jersey and Virginia are two very different states, like for example, they have
different names for their law codes. But despite that, they have similar laws for wills and estates.
This paper will note the similarities and slight differences in New Jersey and Virginia statutory
law for wills and estates.
In New Jersey, the collection of statutory law is called New Jersey Statues Annotated
(
Official site of the State of New Jersey
). Signed into law in January 2014, Governor Chris
Christie enacted P.L. 2013, c. 259. This law was to allow the New Jersey Senate and General
Assembly to “publish on its Internet website, a summary of any rule adopted pursuant to this
subsection, and the statement of reasons for the agency’s finding that an imminent peril exists”
(
P.L. 2013, c. 259
2012). Since New Jersey has now started that, it made this paper much easier.
For New Jersey, you can find the requirements for a valid will under Title 3B
Administration of Estates—Decedents and Others. The exact location under the that Title is
3B:3-2 Execution; witnessed wills; writings intended as wills (
3B Administration of Estates--
Decedents and Others
2005). This tells you how a will should be, such as it needs to be in
writing and needs to be signed by the testator. In addition, Title 3B0 says that New Jersey does
not allow a verbal or nuncupative will. Title 3B also states how many witnesses you need for a
valid will in New Jersey, which is two (2). These witnesses need to sign within a reasonable
amount of time after the testator has created and sign the will themselves.
In Virginia, their name for the collection of statutory law is the Code of Virginia (
Virginia
law
). When locating the law in the Code of Virginia, you need go to Title 64.2 which is called
Wills, Trust and Fiduciaries. From here, you can look at different laws that have to do with wills
1
among other things. To look at exclusively wills, you must go to Chapter 4. That is where you
can see what you need to make a valid will in the state of Virginia.
In Title 64.2, it says that the State of Viriginia does not allow any type of verbal or
nuncupative will. The statute says “no will shall be valid unless it is in writing and signed by the
testator, or by some other person in the testator’s presence and by his direction, in such a manner
as to make it manifest that the name is intended as a signature” (
§ 64.2-403 Execution of wills;
requirements.
2012). Because of that, any type of verbal will can not and will not be valid. If a
will is written in its entirety by the testators handwriting, it is also valid. Wills in Virginia also
need two (2) witnesses for the will to be valid.
Even though New Jersey and Virginia are different states, their laws are almost the exact
same for wills. They both have writing about the will having to be written, signed by the testator,
and the wills having to be signed by two (2) witnesses. They also both say that the will can also
be valid if portions of the document are not in the testators hand writing as long as the testator
has signed it. The similarities also include that they can not be verbal or nuncupative. Wills in
these two (2) states differ by where they are located in the statutory laws in each state, New
Jersey Statutes Annotated and Code of Virginia.
2
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
- Access to all documents
- Unlimited textbook solutions
- 24/7 expert homework help
References
3B:3-2 3B Administration of Estates-- Decedents and Others, (2005).
Official site of the State of New Jersey, New Jersey Department of State - Statutes & Rules,
https://nj.gov/state/dos-statutes.shtml (last visited Nov 11, 2023).
P.L. 2013, c. 259, 7 (2012).
Title 3B Administration of Estates-- Decedents and Others, N.J. Legislative Statutes,
https://lis.njleg.state.nj.us/nxt/gateway.dll?f=templates&fn=default.htm&vid=Publish
%3A10.1048%2FEnu (last visited Nov 11, 2023).
Virginia law, Code of Virginia, https://law.lis.virginia.gov/vacode/ (last visited Nov 11, 2023).
§ 64.2-403 Execution of wills; requirements., (2012).
https://law.lis.virginia.gov/vacode/title64.2/chapter4/section64.2-403/
3