ArticleNew York requires that a will be duly executed in accordance with New York’s statutory formalities as set forth in Section 3-2.1 of the Estates, Powers, and Trusts Law. Generally, there is a presumption that a will was duly executed when it was signed under the supervision of an attorney. This presumption is rebuttable, however, when one of the requirements is not met.
The first requirement is that the testator signed the will in the presence of another individual. Typically, the testator will sign their will in the presence of two attesting witnesses. Attesting witnesses are present to observe that the testator was under no restraint when signing the will.
The second requirement is that the testator’s signature was subscribed, or acknowledged, in the presence of two attesting witnesses. This requirement is generally satisfied by a self-proving affidavit, in which the attesting witnesses affirmed that the will was subscribed by the testator in their presence.
The third requirement is that the testator declared to the attesting witnesses that the signed instrument constituted their last will and testament. The testator is not required to communicate directly with the attesting witnesses; rather, this requirement would be satisfied when the supervising attorney announces that the instrument is the testator’s last will and testament.
The last requirement is that the attesting witnesses signed the will at the end of the document. Typically, practitioners leave in two blank spaces on the last page of said will for the attesting witnesses to sign and insert their addresses.
For more information, please refer to the attached link directing you to the statute: New York Consolidated Laws, Estates, Powers and Trusts Law – EPT § 3-2.1 | FindLaw
