I was recently asked by a client residing in Africa to prepare a will for his US estate. Married with a young son, his wife was not a US citizen, so a lot of thought was needed. One issue presented inspired this blog; namely, can a US citizen who is a resident of NJ sign their will at a foreign embassy, and if so, what are the requirements? I thought you would find my response interesting.
Answer to the Blog Title
Yes, a US citizen can have a New Jersey will signed and notarized at a US embassy or consulate abroad. US embassies and consulates offer notarial services similar to those provided by notaries in the United States. Here are the key requirements:
- Personal Appearance: You must appear in person at the US embassy or consulate for the notarial service.
- Identity Verification: Bring valid identification to verify your identity.
- Unsigned Document: Do not sign the will before your appointment; it must be signed in the presence of the consular officer.
- Appointment: Schedule an appointment with the embassy or consulate offering notarial services in your location.
Check with the specific US embassy or consulate for additional requirements or procedures, as they may vary by country.
Can a Will Signed at a US Embassy be Enforced in New Jersey?
Yes, a will signed at a US embassy can be enforced in New Jersey, provided it meets the state’s legal requirements. In New Jersey:
- Signatures and Witnesses: A typed will must be signed by the testator (person making the will) and witnessed by two individuals who also sign it.
- Notarization: While notarization is not required for validity, it is recommended to make the will “self-proving,” which simplifies the probate process.
- Compliance with Venue Laws: The notarization at the US embassy must comply with the local notarial laws of the embassy’s location and US consular notarial rules.
As long as these conditions are met, the will should be enforceable in New Jersey courts.
To discuss your NJ estate planning matter, please contact Fredrick P. Niemann, Esq. at (732) 863-9900 or email him at fniemann@hnlawfirm.com. Please ask us about our video conferencing or telephone consultations if you are unable to come to our office.
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold Township, Monmouth County, NJ Estate Planning Attorney