Legislation
SECTION 3-2.1
Execution and attestation of wills; formal requirements
Estates, Powers & Trusts (EPT) CHAPTER 17-B, ARTICLE 3, PART 2
§ 3-2.1 Execution and attestation of wills; formal requirements
(a) Except for nuncupative and holographic wills authorized by 3-2.2,
every will must be in writing, and executed and attested in the
following manner:
(1) It shall be signed at the end thereof by the testator or, in the
name of the testator, by another person in his presence and by his
direction, subject to the following:
(A) The presence of any matter following the testator's signature,
appearing on the will at the time of its execution, shall not invalidate
such matter preceding the signature as appeared on the will at the time
of its execution, except that such matter preceding the signature shall
not be given effect, in the discretion of the surrogate, if it is so
incomplete as not to be readily comprehensible without the aid of matter
which follows the signature, or if to give effect to such matter
preceding the signature would subvert the testator's general plan for
the disposition and administration of his estate.
(B) No effect shall be given to any matter, other than the attestation
clause, which follows the signature of the testator, or to any matter
preceding such signature which was added subsequently to the execution
of the will.
(C) Any person who signs the testator's name to the will, as provided
in subparagraph (1), shall sign his own name and affix his residence
address to the will but shall not be counted as one of the necessary
attesting witnesses to the will. A will lacking the signature of the
person signing the testator's name shall not be given effect; pro-
vided, however, the failure of the person signing the testator's name to
affix his address shall not affect the validity of the will.
(2) The signature of the testator shall be affixed to the will in the
presence of each of the attesting witnesses, or shall be acknowledged by
the testator to each of them to have been affixed by him or by his
direction. The testator may either sign in the presence of, or
acknowledge his signature to each attesting witness separately.
(3) The testator shall, at some time during the ceremony or ceremonies
of execution and attestation, declare to each of the attesting witnesses
that the instrument to which his signature has been affixed is his will.
(4) There shall be at least two attesting witnesses, who shall, within
one thirty day period, both attest the testator's signature, as affixed
or acknowledged in their presence, and at the request of the testator,
sign their names and affix their residence addresses at the end of the
will. There shall be a rebuttable presumption that the thirty day
requirement of the preceding sentence has been fulfilled. The failure
of a witness to affix his address shall not affect the validity of the
will.
(b) The procedure for the execution and attestation of wills need not
be followed in the precise order set forth in paragraph (a) so long as
all the requisite formalities are observed during a period of time in
which, satisfactorily to the surrogate, the ceremony or ceremonies of
execution and attestation continue.
(a) Except for nuncupative and holographic wills authorized by 3-2.2,
every will must be in writing, and executed and attested in the
following manner:
(1) It shall be signed at the end thereof by the testator or, in the
name of the testator, by another person in his presence and by his
direction, subject to the following:
(A) The presence of any matter following the testator's signature,
appearing on the will at the time of its execution, shall not invalidate
such matter preceding the signature as appeared on the will at the time
of its execution, except that such matter preceding the signature shall
not be given effect, in the discretion of the surrogate, if it is so
incomplete as not to be readily comprehensible without the aid of matter
which follows the signature, or if to give effect to such matter
preceding the signature would subvert the testator's general plan for
the disposition and administration of his estate.
(B) No effect shall be given to any matter, other than the attestation
clause, which follows the signature of the testator, or to any matter
preceding such signature which was added subsequently to the execution
of the will.
(C) Any person who signs the testator's name to the will, as provided
in subparagraph (1), shall sign his own name and affix his residence
address to the will but shall not be counted as one of the necessary
attesting witnesses to the will. A will lacking the signature of the
person signing the testator's name shall not be given effect; pro-
vided, however, the failure of the person signing the testator's name to
affix his address shall not affect the validity of the will.
(2) The signature of the testator shall be affixed to the will in the
presence of each of the attesting witnesses, or shall be acknowledged by
the testator to each of them to have been affixed by him or by his
direction. The testator may either sign in the presence of, or
acknowledge his signature to each attesting witness separately.
(3) The testator shall, at some time during the ceremony or ceremonies
of execution and attestation, declare to each of the attesting witnesses
that the instrument to which his signature has been affixed is his will.
(4) There shall be at least two attesting witnesses, who shall, within
one thirty day period, both attest the testator's signature, as affixed
or acknowledged in their presence, and at the request of the testator,
sign their names and affix their residence addresses at the end of the
will. There shall be a rebuttable presumption that the thirty day
requirement of the preceding sentence has been fulfilled. The failure
of a witness to affix his address shall not affect the validity of the
will.
(b) The procedure for the execution and attestation of wills need not
be followed in the precise order set forth in paragraph (a) so long as
all the requisite formalities are observed during a period of time in
which, satisfactorily to the surrogate, the ceremony or ceremonies of
execution and attestation continue.