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in order for a will to be valid in the
state of new york it needs to be
signed by the person who’s writing the
will
in the presence of two witnesses that
need to see him sign
and they need to see each other sign as
well
when it’s done by an attorney we add
what’s called a self-proving affidavit
so essentially as officers of the court
because we are
not allowed to lie to the court
there is a rebuttable presumption if we
supervise the will execution that the
will is presumed valid rather than if
you do it on your own you have to find
these people again
to get another set of affidavits even
though they already witnessed the will
whether it was five years or 10 years or
20 years ago
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NY estates planning & probate attorney Russel Morgan, Esq. talks about the formal execution and attestation requirements for a valid will in New York. He highlights that in New York, for a will to be legally valid, it must be signed by the person making the will in the presence of two witnesses. Those witnesses must also observe each other signing the document. When an attorney supervises the execution, a self-proving affidavit is typically added. This affidavit creates a rebuttable presumption of validity, meaning the will is presumed valid because the attorney, as an officer of the court, certifies the proper execution. Without this, if someone executes a will on their own, they may need to locate the original witnesses—even years later—to provide additional affidavits to prove the will’s validity.