HOW IS LACK OF DUE EXECUTION PROVEN BY A NEW YORK OBJECTANT?

A claim that the will was never properly executed is based on the fact that the testator did not declare the will to be his and did not request at least two witnesses sign the will.

NY attorneys routinely lead their clients through the will execution formalities in order to ensure that the requirements of EPTL 3-2.1 are satisfied in order to qualify a document as last will and testament entitled to be admitted to probate.

However, such publication and instruction of a request is not required to be in any “ironclad ceremonial or ritualistic language.

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