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Although you may write your own will and have it notarized, there is a big risk that the court may not admit your will to probate. When drafting and executing a will, it is best to have an attorney prepare the will and supervise its execution. In New York, an attorney-supervised will execution gives rise to the presumption that the will was validly executed.
Will Execution Formalities in New York
In New York, under Estates, Powers & Trusts Law (EPTL) § 3-2.1, the will must generally be:
- Signed at the end of by the testator (or another person in his presence and direction)
- Attested by two witnesses who shall acknowledge that the testator signed the will in their presence or acknowledged that the signature in the will is the testator’s
- Declared by the testator that the document he is signing is his last will and testament
Self-Proving Affidavit
In New York, the will may also include a self-proving affidavit that may dispense with witness testimony in probate proceedings that are not objected to. This self-proving affidavit is executed before a notary.
Attorney-Supervised Execution
When will execution is supervised by an attorney, it gives rise to the presumption that the will was validly executed.
Experienced wills attorneys will usually have a script ready to ensure that the will execution can withstand court scrutiny. This includes asking the testator to sign the will in front of the witnesses, asking the testator to declare to the witnesses that the instrument he is signing is his last will and testament, asking the witnesses to attest that the testator signed the will in their presence, asking the witnesses to read and sign the attestation clause in the will if they understand the contents of the attestation clause, having the witnesses read and sign the self-proving affidavit before the notary, and having the notary notarize the self-proving affidavit attached to the last will and testament.
A simple notary will not observe these specialized execution formalities that are applicable to a will. For this reason, writing your own will and having it notarized yourself will mostly likely end up with a will that is not admitted to probate after your death, especially if there are objections to proper execution.
In our experience, wills can be denied probate due to improper execution. Should you need assistance in the drafting and execution of a will, we, at the law offices of Albert Goodwin, are here for you. You can call us at 212-233-1233 or send us an email at [email protected].
About the Author
Albert Goodwin Esq. is a licenced New York attorney with over 17 years of courtroom experience. His extensive knowledge and expertise make him well-qualified to write authoritative articles on a wide range of legal topics. He can be reached at 212-233-1233 or [email protected].
