N.Y. Estates, Powers & Trusts Law § 3-3.2: Competence of attesting witness who is beneficiary; application

§ 3-3.2 Competence of attesting witness who is beneficiary; application

to nuncupative will

(a) An attesting witness to a will to whom a beneficial disposition or

appointment of property is made is a competent witness and compellable

to testify respecting the execution of such will as if no such

disposition or appointment had been made, subject to the following:

(1) Any such disposition or appointment made to an attesting witness

is void unless there are, at the time of execution and attestation, at

least two other attesting witnesses to the will who receive no

beneficial disposition or appointment thereunder.

(2) Subject to subparagraph (1), any such disposition or appointment

to an attesting witness is effective unless the will cannot be proved

without the testimony of such witness, in which case the disposition or

appointment is void.

(3) Any attesting witness whose disposition is void hereunder, who

would be a distributee if the will were not established, is entitled to

receive so much of his intestate share as does not exceed the value of

the disposition made to him in the will, such share to be recovered as

follows:

(A) In case the void disposition becomes part of the residuary

disposition, from the residuary disposition only.

(B) In case the void disposition passes in intestacy, ratibly from the

distributees who succeed to such interest. For this purpose, the void

disposition shall be distributed under 4-1.1 as though the attesting

witness were not a distributee.

(b) The provisions of this section apply to witnesses to a nuncupative

will authorized by 3-2.2.