You may know that you must have a witness present at your Last Will and Testament signing to make this document legally valid and enforceable. You may hire a notary public to serve as your impartial third party. And so, you may wonder whether this satisfies the requirement, and if you need not invite any more witnesses to participate. This may be especially at the top of your mind if you wish to keep your estate plans as private as possible. Well, please continue reading to learn whether you still need to have witnesses if you got your will notarized, and how an experienced Putnam County wills attorney at the Law Office of Andres D. Gil, PLLC can help you better understand the state’s regulations on will signing.
Do I need witnesses if I get my will notarized in New York?
You must not get this mistaken: getting your will notarized does not cancel out your requirement to have at least two witnesses present at your Last Will and Testament signing. This is because your notary public may execute a self-proving affidavit to attach to your will document. Further, this affidavit must be signed by your two witnesses. Aside from this, your two witnesses must also meet the following criteria; otherwise, a notary public may not sign off on your will’s validity and enforceability:
- Your two witnesses must be at least 18 years old.
- Your two witnesses must be present when you sign the will, or when you acknowledge the signature as yours.
- Your two witnesses must sign the will and provide their residential addresses within 30 days of your signing or acknowledgment.
- Your two witnesses must have the mental capacity to understand what legal document they are signing and its implications.
- Your two witnesses should preferably not be interested parties who might benefit from the outcome of your will.
What is the role of witnesses if my will is not notarized?
If your two witnesses are not asked to sign a self-proving affidavit before a notary public, they may be asked for something else. That is, when your Last Will and Testament document is filed with the New York State Surrogate’s Court, one of the first things it will do is contact your witnesses. At this time, they may be asked to appear in person and testify on your behalf. In their testimony, they must confirm that you executed your will document in accordance with state and federal estate laws.
Problems may arise if your two witnesses have since changed residential addresses from the ones they provided on your original will document. Or, if they are otherwise unable or unwilling to appear in court. Lastly, if they have sadly predeceased you. Even if they do appear, they may have to deal with contention surrounding the will, possibly defending claims that the will is fraudulent. Given any of these scenarios, it is recommended to have a notary public and a self-proving affidavit attached to your will.
Before you start your will preparation, you must seek a skilled estate planning attorney in Putnam County to stand by your side. Please contact our office, the Law Office of Andres D. Gil, PLLC, as soon as you are ready.
