Trust and Estate: On Wills: Can You Find A Witness?

June 12, 2012

Many attorneys would agree that anyone who has passed the New York State Bar Examination should be able to supervise the execution of a valid last will and testament. The requirements of EPTL § 3-2.1, which governs the execution and attestation of wills, are fairly straightforward. The testator must sign the will “at the end thereof” and the will must be signed by “at least two attesting witnesses.” But as anyone who has litigated extensively in Surrogate’s Court would know, what seems simple in concept may be difficult to correctly apply.

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Reprinted with permission of The Daily Record ©2012, June 12, 2012