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In New York, can a notary who notarizes a will also be one of the two . . . Under New York law (EPTL 3-2 1) two attesting witnesses is necessary to prove a Will However, if the capacity in which a person signs the Will is that of a notary public taking an oath, rather than a witness, the statute requirement has not been met
Does a Will Have to Be Notarized or Just Witnessed? For the will document itself, most states do not require notarization The legal validity of a standard will hinges on the signatures of the required witnesses, not on a notary’s seal The roles of a witness and a notary public are distinct
What is required to make a will valid in New York? New York does not require you to notarize wills for them to be legal But, if you want to make your will “self-proving,” both you and your witnesses can visit a notary
Where to Get a Will Witnessed and Notarized | Trust Will After writing your Will, you will need two witness signatures The witnesses should not be listed as beneficiaries in the Will or close relatives, as these factors could signal a conflict of interest in court You can choose a trusted friend, colleague, or even your Estate Planning lawyer
Estate, Powers and Trusts, § 3-3. 2: Competence of Attesting Witness Who . . . Under New York’s Estate, Powers, and Trusts law, one of the requirements for a will to be properly executed is that it that the signing of the will is witnessed by 2 disinterested people This means that the witnesses cannot also be beneficiaries
Notarizing Wills in New York: What You Need to Know | Snug Witnesses are a legal requirement for a will to be binding in New York — notarization isn’t Even if you get your will notarized, you still need to get it signed by two witnesses
Do you need witnesses for your New York will? | Brenna Boyce PLLC . . . Under New York law, an adult creating a will requires at least two other adults to serve as witnesses who can verify their identity and confirm they were of sound mind at the time of the signing Ideally, those witnesses will not be the primary beneficiaries of the document
New York Last Wills Must Be Signed By Two Attesting Witnesses The Court pointed out that EPTL 3-2 1 requires two attesting witnesses and that a person who signs a Will in the capacity of a Notary Public does not comply with the statutory requirement