Legal Question in Wills and Trusts in New York

Last will and testament

My Mother's will was done in eNew York State, she was 90 years old when it was done, she never met the attorney that drew up the will, done over the phone, she had a moderate to severe hearing loss. It was notarized and the notary served as one of the 2 witnesses? Is it legal for a notary to notarize and serve as witness. I was told it was a slef proving will, I am not sure what that means. Thank you for your help.


Asked on 8/06/08, 12:01 pm

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: Last will and testament

The fact that the Notary was both a witness and the Notary may cause the Will to be defective, as usually a Notary cannot notarize their own signature. This may deny allowing the Will to be probated as self-proving, but it might be allowed to be probated if one of the witnesses also appears at the Surrogate's Office when the Will is submitted for probate to verify the authenticity of the document and its proper execution.

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Answered on 8/06/08, 12:08 pm


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