Which of the following must be present for a will to be considered formally valid?

Prepare for the New Brunswick Bar Exam. Study with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

For a will to be considered formally valid, it is essential that it is attested by at least two uninterested witnesses after being read. The requirement for witnesses is a fundamental principle in the law regarding wills, as it helps to ensure the authenticity and voluntary nature of the testator's intentions. The witnesses must not be beneficiaries or interested parties in the will, to prevent any potential conflicts of interest and to uphold the integrity of the testator's wishes.

A will that is signed only by the testator without any witnesses does not fulfill the legal requirements for validity, as most jurisdictions require the presence of witnesses to verify the signing. Additionally, while some jurisdictions may allow handwritten wills under certain conditions, a formal will typically does not require the testator to write it in longhand; it must be in writing but can be typewritten. Finally, a will can be separate from a trust document, and while it may be incorporated with a trust, that is not a prerequisite for its validity.

Thus, the necessity of two uninterested witnesses is crucial to ensure that the will reflects the true intentions of the testator and is recognized as legally binding.

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