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in order for a will to be valid in the
state of new york it needs to be
signed by the person who’s writing the
will
in the presence of two witnesses that
need to see him sign
and they need to see each other sign as
well
when it’s done by an attorney we add
what’s called a self-proving affidavit
so essentially as officers of the court
because we are
not allowed to lie to the court
there is a rebuttable presumption if we
supervise the will execution that the
will is presumed valid rather than if
you do it on your own you have to find
these people again
to get another set of affidavits even
though they already witnessed the will
whether it was five years or 10 years or
20 years ago
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NY estates planning & probate attorney Russel Morgan, Esq. talks about the formal execution and attestation requirements for a valid will in New York.