![]() Notwithstanding the specific requirements of the New York Probate Law, there are recent instances in other jurisdictions where unsigned documents have been admitted to probate and allowed to determine the disposition of a decedent’s estate. In this regard it is somewhat easy to understand that the strict nature of the law is to present unsigned, unwitnessed or other defective papers from being given validly where the testator is no longer alive to confirm that the defective documents actually express his final intentions. Despite, the testator’s possible intentions, in New York, the failure to comply with statutory rules typically prevents the Probate of the purported or drafted Will. In many instances, a prospective beneficiary may be without recourse where a testator prepares a Last Will to be signed or tells a beneficiary that a Will leaves a certain bequest and, as it turns out, the testator never signs a Will containing these provisions. New York law tends to be very strict regarding the enforcement of the statutory requirements. As can be imagined, there are a vast majority of Will Contest Litigations concerning the validity of Wills. Sometimes there are questions as to whether the Will is genuine and if the document was actually signed by the testator. For example, someone objecting to a Will may claim that it was signed by a testator but not validly witnessed because the witnesses did not see the testator sign the Will or the testator did not acknowledge his signature to the witness. One of the grounds upon which to Contest a Will is lack of due execution. While the statute contains many more execution requirements, a signed writing with witnesses is fundamental to the validity of a Will in New York.Įstate litigation in the Surrogate’s Courts often occurs when there is a dispute as to whether a Will was properly executed. Among the stated items is that the Will must be signed at the end by the testator, and that there must be at least two attesting witnesses. EPTL 3-2.1 states the numerous requirements that a Will must meet in order for it to be valid. The New York Probate Lawyer Blog has discussed this section of the law in previous posts. ![]() Probably the most important provisions regarding Wills are contained in EPTL 3-2.1 which is entitled “Execution and attestation of Wills formal requirements”. For instance, EPTL 3-1.1 states that anyone over 18 years old having sound mind and memory can dispose of their personal and real property by Will. The Estates, Powers and Trusts Law (“EPTL”) contains numerous provisions concerning the fundamental aspects of and requirements for a valid Will. A Last Will in New York must be created in accordance with the New York statutes.
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