New York Law (NYLE) Practice Exam

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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
The testator's signature must be notarized
The will must be typewritten
The testator must have a lawyer present during the signing

The correct answer is: The testator must sign in the presence of two attesting witnesses

For a will to be validly admitted to probate in New York, one essential requirement is that the testator must sign the will in the presence of two attesting witnesses. This provision is established under New York's Estates, Powers and Trusts Law (EPTL) and ensures that the will has been properly executed, reflecting the testator's intent to create a legal document that distributes their estate according to their wishes. The requirement for two witnesses is crucial, as it provides a safeguard against fraud and disputes regarding the testator's intentions. The witnesses must also sign the will, affirming that they observed the testator sign the document, which adds a layer of authenticity and corroboration. In contrast, notarization is not a requirement for a will to be valid in New York, and the will does not need to be typewritten; handwritten wills can also be valid if they meet the necessary requirements. Furthermore, the presence of a lawyer during the signing is not mandated for the execution of a will. These other options do not satisfy the essential conditions set forth by New York law for a will's validity in probate matters.