Legal Question in Wills and Trusts in New York
witness & beneficiary related
If a beneficiary under a will marries one of the witnesses after it was signed is the will still valid?
Asked on 11/26/07, 9:39 am
3 Answers from Attorneys
Mark S. Moroknek
Kelly & Curtis, PLLC.
Re: witness & beneficiary related
Yes it often happens.
Answered on 11/29/07, 11:48 am
Michael Markowitz
Michael A. Markowitz, PC
Re: witness & beneficiary related
Yes since the witness is not also a beneficiary.
Mike.
Answered on 11/26/07, 9:58 am
Walter LeVine
Walter D. LeVine, Esq.
Re: witness & beneficiary related
The Will is still valid. After-execution events are not important unless something improper took place regarding the making of the Will or at its signing, either in its contents or how the Will arose; such as if the beneficiary was exercising undue influence on the maker of the Will, the maker was incapacitated when the Will was made, or similar things and the witness was aware of this and still witnessed the document.
Answered on 11/26/07, 12:15 pm
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