How many witnesses do you need to sign a will in ny state? And who should be the witnesses?

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My father made a will taken from a template and wanted some of the beneficiaries to witness

Attorney Answers

6
John Corrigan ·
all of my colleagues are correct as to the 2 witness requirement. However, in addition, it is highly recommended that the will have a self-proving affidavit signed by the testator and witnesses before a notary. This extra step (which is but one page) eliminates the need to prove the will signatures once the decedent's will gets submitted post-death....otherwise the witnesses have to be tracked down to sign an affidavit that their signatures are valid on the will presented.....witnesses move, die, etc. so not doing the extra step now can cause a lot of time and money down the road after the death of the testator.
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George Dippel ·
New York State requires two witnesses to a will. The witnesses should not be beneficiaries as their bequests will be void to the extent they receive more than they would have if they were intestate heirs, that is, heirs if there were no will. Based on this question, I recommend that your father seek the advice of an attorney as there are other legal requirements that your father may not be familiar with which must be followed when signing a will. When a will is signed under the supervision of an attorney, there is a presumption that such legal formalities were complied with. Not seeking the services of an attorney when preparing and signing a will may save you money in the short term but there is a good chance that it will cause problems and result in additional expenses when the will needs to be probated.
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Eric Rothstein ·
Using a template is a bad idea because each person's Estate and situation is bad. A beneficiary cannot be a witness.
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Joseph Pankowski ·
Attorney Herman-Giddens is correct. You may very well have a disaster on your hands after your father's death if this will is not properly prepared and executed. Accordingly, he needs to retain an experienced estate planning lawyer to assist him. Good luck to you and your father.
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Gregory Herman-GiddensEstate Planning AttorneyChapel Hill, NC ·
Most, if not all states require two witnesses. Beneficiaries should not be witnesses or they will lose their right to receive anything under the will. I would encourage your father to see a lawyer to ensure that his will is properly prepared. Homemade wills are never a good thing.
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