Elmont, NY asked in Estate Planning for New York

Q: At the execution of a Will, at the request of testator , witnesses are asked to sign Affidavit of attesting Witnesses ,

a notarized sworn statement by the witnesses. According to NY Code Section 1406, is the testator also required to sign this Affidavit ?

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1 Lawyer Answer
Marco Caviglia
Marco Caviglia
  • Lagrangeville, NY
  • Licensed in New York

A: No, in NYS the testator does not sign the affidavit, just the Will. The affidavit is meant to serve as a substitute for the court to the live testimony of the witness(es) that the testator signed the Will before them and was of sound mind, etc. The reason for the affidavit is that often it is a hardship if not impossible to find the witnesses many years later.

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