There is a specific manner in which you must execute your last will and testament in New York State, for it to be recognized as valid and enforceable in the eyes of the surrogate’s court. This goes down to how, when, and with whom you sign this estate planning document. Follow along to find out how many witnesses are required for a valid will execution and how a proficient Putnam County wills attorney at the Law Office of Andres D. Gil, PLLC can help your estate plan align with this guideline.
How many witnesses are required for a valid will execution?
In short, New York estate law holds that you must sign your last will and testament in the presence of at least two witnesses. At this time, you must acknowledge to your witnesses that the document in front of you, in which you are signing, is your will. This is to confirm that you are of sound mind upon signing. In turn, your two witnesses must also sign this estate planning document in your presence.
However, unique to most states, New York estate law may not require your witnesses to sign at the same time you do. Rather, they may be allowed to provide their signatures within 30 days of your signing. With this, your witnesses may have to provide their residential addresses and other contact information at the bottom of this document. This is so they may be effectively reached when your will enters probate; so that they may testify to your will’s validity and enforceability in the presence of the surrogate’s court.
With all things considered, it is worth mentioning that your two witnesses must be at least 18 years old and qualified as competent at the time of your signing. These requirements are similarly imposed onto you.
Do I need witnesses if I modify or revoke my will?
Of note, New York estate law may grant you the right to modify or revoke your last will and testament at any time. However, you must understand that there are certain guidelines surrounding these actions, as well.
For one, you may establish a codicil if you wish to add, edit, or remove any terms or conditions from your existing will. With this, you and at least two witnesses must also sign this additional document. Secondly, you may write an entirely new will if you wish for drastically different terms or conditions from your existing will. Similarly, you and at least two witnesses must sign this new will. But what’s more, you or another party must physically destroy your existing will in the presence of at least two witnesses.
Before it is too late, you must retain the services of a talented Putnam County estate planning attorney. Contact the Law Office of Andres D. Gil, PLLC today.