Full question:
After my grandfather’s death, we found a will in his safe. The will is signed by him but is not attested by any witnesses, is the will valid?
- Category: Wills and Estates
- Date:
- State: New York
Answer:
In New York, a will must be signed by the testator and attested by two witnesses to be valid. According to N.Y. Est. Powers & Trusts Law § 3-2.1, the requirements for a valid will include:
- The will must be in writing and signed at the end by the testator or by someone else at the testator's direction.
- The testator's signature must be witnessed by at least two individuals, who must sign the will in the presence of the testator.
- The testator must declare to the witnesses that the document is their will.
Since your grandfather's will is signed but lacks witness signatures, it does not meet the legal requirements for validity in New York. Therefore, the will may not be enforceable.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.