Legal Question in Family Law in New York

Handwritten last will a nd testament notarized

Does a will written on a sheet of paper as Last Will and Testament considered a actual will? The person who has written the terms has signed it as well as the notary and has the notary stamp on it. Question----How many signatures are needed to make this legal to hold up in court. The person who signed it is now terminal. Does this have to be updated while the person is of still somewhat sound mind and body? It was written in 1999.


Asked on 1/23/04, 7:59 pm

3 Answers from Attorneys

Louis Venezia Law Offices of Louis Venezia at Union Square, P.C.

Re: Handwritten last will a nd testament notarized

To be a valid Will, the signing of the document must have been witnessed by at least two persons. It is generally best to have a Will drawn by an attorney and for the attorney to supervise the proper signing of the Will.

In this modern age, the proper forms, advice and supervision can be accomplished by e-mail and by telephone. Our firm handles such matters and you are invited to call us to inquire further at (212) 267-7000

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Answered on 1/23/04, 10:07 pm
Stephen Loeb Law Office of Stephen R. Loeb

Re: Handwritten last will a nd testament notarized

In New York, such a will would not be valid. A will must be witnessed by at least 2 people who can subscribe that the text was the intent of the drafter and had a valid state of mind to make a will. Notary stamps have nothing to do with validating a will.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699

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Answered on 1/26/04, 10:04 am
Albert Van-Lare The Law Office of Albert Van-Lare

Re: Handwritten last will a nd testament notarized

The will, to be valid in NY, must also be signed by two witnesses who were told by the testator that the document is in fact the testator's will.You are right the testator must be of sound mind.The testator does not have to be someone who has perfect mental behavior he just has to be lucid when the will was signed

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Answered on 1/24/04, 5:07 pm


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