2006 New York Code - Execution And Attestation Of Wills; Formal Requirements



 
  § 3-2.1 Execution and attestation of wills; formal requirements
    (a)  Except for nuncupative and holographic wills authorized by 3-2.2,
  every will must  be  in  writing,  and  executed  and  attested  in  the
  following manner:
    (1)  It  shall be signed at the end thereof by the testator or, in the
  name of the testator, by another person  in  his  presence  and  by  his
  direction, subject to the following:
    (A)  The  presence  of  any matter following the testator's signature,
  appearing on the will at the time of its execution, shall not invalidate
  such matter preceding the signature as appeared on the will at the  time
  of  its execution, except that such matter preceding the signature shall
  not be given effect, in the discretion of the surrogate,  if  it  is  so
  incomplete as not to be readily comprehensible without the aid of matter
  which  follows  the  signature,  or  if  to  give  effect to such matter
  preceding the signature would subvert the testator's  general  plan  for
  the disposition and administration of his estate.
    (B) No effect shall be given to any matter, other than the attestation
  clause,  which  follows  the signature of the testator, or to any matter
  preceding such signature which was added subsequently to  the  execution
  of the will.
    (C)  Any person who signs the testator's name to the will, as provided
  in subparagraph (1), shall sign his own name  and  affix  his  residence
  address  to  the  will  but shall not be counted as one of the necessary
  attesting witnesses to the will. A will lacking  the  signature  of  the
  person  signing  the  testator's  name  shall  not be given effect; pro-
  vided, however, the failure of the person signing the testator's name to
  affix his address shall not affect the validity of the will.
    (2) The signature of the testator shall be affixed to the will in  the
  presence of each of the attesting witnesses, or shall be acknowledged by
  the  testator  to  each  of  them  to have been affixed by him or by his
  direction.  The  testator  may  either  sign  in  the  presence  of,  or
  acknowledge his signature to each attesting witness separately.
    (3) The testator shall, at some time during the ceremony or ceremonies
  of execution and attestation, declare to each of the attesting witnesses
  that the instrument to which his signature has been affixed is his will.
    (4) There shall be at least two attesting witnesses, who shall, within
  one  thirty day period, both attest the testator's signature, as affixed
  or acknowledged in their presence, and at the request of  the  testator,
  sign  their  names and affix their residence addresses at the end of the
  will. There shall be  a  rebuttable  presumption  that  the  thirty  day
  requirement  of  the preceding sentence has been fulfilled.  The failure
  of a witness to affix his address shall not affect the validity  of  the
  will.
    (b)  The procedure for the execution and attestation of wills need not
  be followed in the precise order set forth in paragraph (a) so  long  as
  all  the  requisite  formalities are observed during a period of time in
  which, satisfactorily to the surrogate, the ceremony  or  ceremonies  of
  execution and attestation continue.

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