Formal Execution and Attestation Requirements for a Valid Will in NY

Understanding the Formal Execution and Attestation Requirements for a Valid Will in NY is Crucial in Mitigating the Chances of a Contested Will Later

A last will and testament is an important document that will carry out your wishes regarding your estate after you pass away. You want to make sure that there are no issues. However, a will can be contested after you pass away, which can lead to a lot of legal issues for your family. The formal execution and attestation requirements for a valid will in NY are important to know. When you know these formal execution and attestation requirements for a valid will in NY, you are better equipped to mitigate will contests after you are gone.

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Questions And Answers

The purpose of the formal execution and attestation requirements for a valid will in NY is to make sure that the will in question is not contested during probate. It is to ensure that the will is valid and will be distributed according to the wishes of the decedent.

There are a few formal execution and attestation requirements for a valid will in NY. The main requirements are that the will must be in writing, the testator must sign the will, and there must be at least two witnesses to the aforesaid signing of the will.

If the formal execution and attestation requirements are not met during the drafting and signing of the will, then the will can be found not valid during probate, which can lead to legal issues and the potential incident of the will being rejected by the court system.

Yes, in the State of New York, a will must be in writing for it to be valid.

Two types of wills are excluded from the formal execution and attestation requirements in New York. The two types are holographic wills and nuncupative wills.

A holographic will, in the State of New York, is a will that is handwritten and signed by the testator.

A nuncupative will, in the State of New York, is a will that is spoken aloud.

The State of New York still allows holographic and nuncupative wills. However, these instances are very limited. It is best to avoid these types of wills if possible.

The formal execution and attestation requirements for a valid will in NY do not allow for anything written after the signature of the testator to be legally binding. The state will not recognize it. If something is written after the signature, however, it will not invalidate what came before the signature.

Yes, someone can sign on behalf of the testator. However, in compliance with the formal requirements in the State of New York, the person who signs the testator’s name must also sign his or her name to the will.

Yes, the testator needs to declare that the will they have signed is their will. This needs to be done during the execution and attestation process of the will in New York.

The formal execution and attestation requirements for a valid will in NY require that the witnesses of the will submit, within 30 days of the signing of the will, their name and address to the will in question. They must declare that the signature is indeed the signature of the testator.

Sometimes a witness may not write their address on the will. If you are a witness and you do not write your address on the will, it will not invalidate the will.

No, the requirements set forth to validate a will in the state of New York do not need to be followed in any order. However, all criteria must be met by the end of the process.

Yes, an attorney can help with ensuring the requirement are met concerning a will in New York. Moreover, an experienced attorney can help draft the will so that, during probate, the likelihood of any issues arising is minimal. Additionally, they can be present during the execution and attestation process to ensure that everything is done correctly. This will help mitigate any issues.

Yes, a witness to the will may be present during the signing of the will by the testator in the State of New York.

A will may be contested during probate. Usually, a beneficiary will contest the will for reasons such as fraud or undue execution. Additionally, it is common that a will is contested because a beneficiary feels as though the formal requirements were not met, or that the testator was not of sound mind when they drafted and signed the will in question.

Yes, the testator, when they draft and sign a will in the State of New York, must be of sound mind. I.E., they must not be incapacitated and must understand what they are doing. If a beneficiary believes they were not of sound mind, then they may contest the will.

A testator must understand what property they own. They must also understand who they are leaving the property to, and they must know that they are creating a will that will distribute these aforesaid assets.

No, you cannot avoid probate if you follow the formal execution and attestation requirement for a valid will in NY. Probate is required of a will so that the state itself validates the will.