A will is one of the most important documents that someone may ever draft during their lifetime. It creates protections for their closest and most vulnerable family members, such as their minor children. A will also describes what someone wants to do with their property after their death. Once someone becomes a legal adult, they theoretically have the authority to draft a will. However, for the document to be enforceable during probate court proceedings, the testator drafting the documents to comply with New York state law.
There are a few limitations on what terms people can include in their wills in New York. There are also requirements to ensure that the document is valid and not the product of fraud, undue influence or declining cognitive ability. The witness requirements established in New York probate laws help ensure that the people drafting wills are who they claim to be and capable of understanding their decisions.
The state requires two adult witnesses
Most lawful wills in New York are written documents, and those wills are subject to witness requirements. Generally speaking, there need to be two outside witnesses who can attest to someone’s cognitive function and identity. Those witnesses must sign the documents, although they do not necessarily need to witness the testator signing the paperwork.
Instead, they must communicate with the testator and affirm that they signed the document and are aware of the terms included in the will. Technically, witnesses in New York can sign after the testator drafts and signs the paperwork. The law only requires the signatures of witnesses within 30 days of the testator’s signature.
Any competent adult could be a witness for the signing of a will. It is often a smart decision to select witnesses who do not have an interest in the estate. Someone who is also a beneficiary of the estate might not be an impartial witness because they stand to benefit from the terms included in the paperwork.
Witnesses may eventually need to speak in probate court if there is conflict about the terms included in the will or questions about the testator’s mental capacity at the time when they signed the documents. Only those who conform to New York state probate standards have the certainty of knowing that their wills are valid and enforceable after their passing.