2023 New York Laws › EPT - Estates, Powers and Trusts › Article 3 - Substantive Law of Wills › Part 2 - Execution of Wills › 3-2.1 - Execution and Attestation of Wills; Formal Requirements

§ 3-2.1 Execution and attestation of wills; formal requirements
(a)  Except for nuncupative and holographic wills authorized by 3-2.2,
every will must  be  in  writing,  and  executed  and  attested  in  the
following manner:
(1)  It  shall be signed at the end thereof by the testator or, in the
name of the testator, by another person  in  his  presence  and  by  his
direction, subject to the following:
(A)  The  presence  of  any matter following the testator's signature,
appearing on the will at the time of its execution, shall not invalidate
such matter preceding the signature as appeared on the will at the  time
of  its execution, except that such matter preceding the signature shall
not be given effect, in the discretion of the surrogate,  if  it  is  so
incomplete as not to be readily comprehensible without the aid of matter
which  follows  the  signature,  or  if  to  give  effect to such matter
preceding the signature would subvert the testator's  general  plan  for
the disposition and administration of his estate.
(B) No effect shall be given to any matter, other than the attestation
clause,  which  follows  the signature of the testator, or to any matter
preceding such signature which was added subsequently to  the  execution
of the will.
(C)  Any person who signs the testator's name to the will, as provided
in subparagraph (1), shall sign his own name  and  affix  his  residence
address  to  the  will  but shall not be counted as one of the necessary
attesting witnesses to the will. A will lacking  the  signature  of  the
person  signing  the  testator's  name  shall  not be given effect; pro-
vided, however, the failure of the person signing the testator's name to
affix his address shall not affect the validity of the will.
(2) The signature of the testator shall be affixed to the will in  the
presence of each of the attesting witnesses, or shall be acknowledged by
the  testator  to  each  of  them  to have been affixed by him or by his
direction.  The  testator  may  either  sign  in  the  presence  of,  or
acknowledge his signature to each attesting witness separately.
(3) The testator shall, at some time during the ceremony or ceremonies
of execution and attestation, declare to each of the attesting witnesses
that the instrument to which his signature has been affixed is his will.
(4) There shall be at least two attesting witnesses, who shall, within
one  thirty day period, both attest the testator's signature, as affixed
or acknowledged in their presence, and at the request of  the  testator,
sign  their  names and affix their residence addresses at the end of the
will. There shall be  a  rebuttable  presumption  that  the  thirty  day
requirement  of  the preceding sentence has been fulfilled.  The failure
of a witness to affix his address shall not affect the validity  of  the
will.
(b)  The procedure for the execution and attestation of wills need not
be followed in the precise order set forth in paragraph (a) so  long  as
all  the  requisite  formalities are observed during a period of time in
which, satisfactorily to the surrogate, the ceremony  or  ceremonies  of
execution and attestation continue.