N.Y. EPT Law § 3-2.1 — New York Code / Act EPT / Article 3 / Part 2 / Section 3-2.1
Execution and attestation of wills; formal requirements
Status: in_force

§ 3-2.1 Execution and attestation of wills; formal requirements\n  (a) * Except for nuncupative and holographic wills authorized by\n3-2.2, every will must be in writing, and executed and attested in the\nfollowing manner:\n  * NB Effective until December 12, 2027\n  * Except for nuncupative and holographic wills authorized by 3-2.2 and\nelectronic wills authorized by part six of this article, every will must\nbe in writing, and executed and attested in the following manner:\n  * NB Effective December 12, 2027\n  (1) It shall be signed at the end thereof by the testator or, in the\nname of the testator, by another person in his presence and by his\ndirection, subject to the following:\n  (A) The presence of any matter following the testator's signature,\nappearing on the will at the time of its execution, shall not invalidate\nsuch matter preceding the signature as appeared on the will at the time\nof its execution, except that such matter preceding the signature shall\nnot be given effect, in the discretion of the surrogate, if it is so\nincomplete as not to be readily comprehensible without the aid of matter\nwhich follows the signature, or if to give effect to such matter\npreceding the signature would subvert the testator's general plan for\nthe disposition and administration of his estate.\n  (B) No effect shall be given to any matter, other than the attestation\nclause, which follows the signature of the testator, or to any matter\npreceding such signature which was added subsequently to the execution\nof the will.\n  (C) Any person who signs the testator's name to the will, as provided\nin subparagraph (1), shall sign his own name and affix his residence\naddress to the will but shall not be counted as one of the necessary\nattesting witnesses to the will. A will lacking the signature of the\nperson signing the testator's name shall not be given effect; pro-\nvided, however, the failure of the person signing the testator's name to\naffix his address shall not affect the validity of the will.\n  (2) The signature of the testator shall be affixed to the will in the\npresence of each of the attesting witnesses, or shall be acknowledged by\nthe testator to each of them to have been affixed by him or by his\ndirection. The testator may either sign in the presence of, or\nacknowledge his signature to each attesting witness separately.\n  (3) The testator shall, at some time during the ceremony or ceremonies\nof execution and attestation, declare to each of the attesting witnesses\nthat the instrument to which his signature has been affixed is his will.\n  (4) There shall be at least two attesting witnesses, who shall, within\none thirty day period, both attest the testator's signature, as affixed\nor acknowledged in their presence, and at the request of the testator,\nsign their names and affix their residence addresses at the end of the\nwill. There shall be a rebuttable presumption that the thirty day\nrequirement of the preceding sentence has been fulfilled. The failure of\na witness to affix his address shall not affect the validity of the\nwill.\n  (b) The procedure for the execution and attestation of wills need not\nbe followed in the precise order set forth in paragraph (a) so long as\nall the requisite formalities are observed during a period of time in\nwhich, satisfactorily to the surrogate, the ceremony or ceremonies of\nexecution and attestation continue.\n