N.Y. Estates, Powers & Trusts Law § 3-2.1: 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:

* NB Effective until December 12, 2027

* Except for nuncupative and holographic wills authorized by 3-2.2 and

electronic wills authorized by part six of this article, every will must

be in writing, and executed and attested in the following manner:

* NB Effective December 12, 2027

(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.