Legal Question in Wills and Trusts in New York

NY State 1404 Examinations

In New York State under 1404 guidelines can the notary validating the will and related signatures be examined in addition to the two attesting witnesses?


Asked on 12/09/05, 1:17 am

2 Answers from Attorneys
Bunji Fromartz Fromartz Law Offices

Re: NY State 1404 Examinations

The notary can be examined BUT they do not validate a will. A notary only takes the signatures of the witnesses to the will and the witnesses' statements regarding the way the will was executed and the state of the person executing the will.

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Answered on 12/09/05, 10:34 am
Walter LeVine Walter D. LeVine, Esq.

Re: NY State 1404 Examinations

I agree with Bunji that a notary does not validate a Will, which can only be done by the Surrogate. The notary can only testify what took place at the time of execution of the Will; who signed, if they all were present and signed at the same time, what was said, etc. Based upon the testimony, the Surrogate will determine if the Will is valid.

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Answered on 12/09/05, 1:23 pm


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