, September 23, 2023
A testator died. Testator's will was found. The will was signed but not dated. How do you complete the Affidavit of Attesting Witnesses?
Under New York law, a will does not have to be dated to be duly executed.
So, the undated will is a valid will, but it creates practical problems when completing the forms to probate the will.
In particular, the form for the Affidavit of Attesting Witnesses After Death does not contemplate an undated will:
How can you complete the Affidavit of Attesting Witnesses when it assumes that the will is dated?
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Lawyer and writer. Husband, father of daughter, son, brother to one brother and two sisters, uncle to eight nieces and nephews, and great-uncle. Has two dogs and two cats. Loves technology and music.
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