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Adequate Fulfillment of Testamentary Requirements in NY

A testament or a last Will is what we call a Will, a person’s wish in a written statement that depicts what should be done with the property after he dies. Therefore, a last Will or testament is only valid once this passes all the requirements. Section 3-2.1 of Estates, Powers, and Trusts Law has certain requirements for a will dictating how it should be executed in New York. The procedure by which a testator’s Will is produced legally rational is called the execution of a Will. This legal document has to be signed adhering to various formalities in the presence of two or more witnesses who will either sign or address the Will as well.

The EPTL 3-2.1 Under EPTL 3-2.1, pretty much states that witnesses have to sign the documents to make the will valid but it does not have to be at the same time as each other. The testator can sign the document in front of the witness while acknowledging the signature of the witness later. It is the testator’s responsibility to tell the witness about the documents. The testator has to be sound-minded free from disturbances or at least have a testamentary capacity to execute a valid will.

The Witnesses must be told all the general things by the testator before signing the will. The Will maker can sign the Will at the end after getting the witness’s permission. The witness does not have to know the willmaker but has to be aware of the affair that is going to happen. By that time, the witness will see the maker’s wit before committing to the process.

The Will maker can bring a notary to sign the documents also known as a “self proving Affidavit”. The same document will prove the testator’s age which has to be over 18 and mental stableness to attest the will or sign the will without any influence or outside force. In case the Will maker dies, the will for probate becomes impossible without the affidavit. In that case, witnesses have to appear before the judge and give evidence regarding the execution process. Meaning, that the testator cannot lose the affidavit or it will make the case even more complicated especially when the witnesses are out of station hence they cannot testify.

The witnesses must be sound-minded, age of major, and should not harbor much interest in the Will. If the witness turns out to be a beneficiary of the Will, the court will make the Will obsolete and stand the testator for not being honest. An interested witness brings inherent conflict of interest; he or she can acquire inheritance when the Will is admitted to probate. This will eliminate the testator’s spouse, children, and family members right from the Will leaving only distant relatives, and neighbors further making the testimony more chaotic.  

New York affiliated laws, Estates, Powers and Trust Laws – EPT 3-3.2 states that when a witness sees the Will being signed by the testator but somehow realizes that he or she has a stake in the testator’s property despite having no interest has to testify before the court. On the other hand, if a person who is already mentioned in the Will knowingly takes part in the process as a witness will eventually lose inheritance after the testator’s death. According to the estate law NYC, the disowned individual will still receive a part of the property if the Will is not produced.

An estate attorney NYC has the power and authenticity to validate a Will, the lawyer can save the testator from making the mistakeLaws mentioned above. As a testator, you cannot trust anyone other than your lawyer to execute the will and it has to be done in his office. The lawyer will direct you in the right way to execute the procedure meanwhile he or she will also handle witnesses over 18 from the office who are also unknown to you and your family. You can call the law offices of Roman Aminov, P.C dialing 347-766-2685

This content is not intended to offer you particular legal advice; rather, it is meant to be instructive.  The information on this page should not be used in place of competent legal counsel from a licensed attorney in your state, nor does using it create an attorney-client relationship.

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