New York Law (NYLE) Practice Exam

Question: 1 / 400

For a will to be validly admitted to probate, what is required of the testator?

The testator must sign in the presence of two attesting witnesses

For a will to be validly admitted to probate, it is essential that the testator signs the will in the presence of two attesting witnesses. This requirement is a critical aspect of the formalities established by New York law regarding wills. The presence of witnesses serves several important purposes: it ensures that the testator is of sound mind and free from undue influence at the time of signing, and it provides a reliable testament to the authenticity of the will.

In New York, the law stipulates that the witnesses must see the testator sign the will or acknowledge their signature. This requirement helps prevent fraud and ensures that the will reflects the true intentions of the testator. Both witnesses must also sign the will, and their signatures should appear on the same document as the testator's, ideally in the same order.

The other options do not meet the necessary requirements for a valid will in New York. Notarization, while often beneficial for other legal documents, is not a requirement for a will unless a self-proving affidavit is included. A typewritten will is also valid, but it does not have to be typewritten as handwritten wills can also be valid if they meet the necessary criteria. Additionally, the presence of a lawyer during the signing process

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The testator's signature must be notarized

The will must be typewritten

The testator must have a lawyer present during the signing

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