Legal Question in Wills and Trusts in Pennsylvania

What does the lawyer who drafted it say? If the will is contested it will be contested in Pittsburgh not New York so it would be better and easier to hav them show up in court at need be. Why a codicil why nit redraft the will? Remember it's tempting to chintz on legal expenses. However, remember you won't be there to clarify what you meant so having a skilled estates lawyer. No I'm not trolling for clients first I'm nowhere near Pittsburgh. So make sure it's what you want.

Most lawyers today do not draft codicils to a will because it is soooo easy with computers now to just re-do the will. I would only do a codicil if it is something minor in a paragraph.

In answer to your question, I do not understand why you have to get witnesses in NY. Why cannot this be done in PA?

A will should be witnessed and SELF-PROVING meaning that the will is signed and witnessed in front of a notary. Codicils must be done with the same formality as a will. Places like a UPS store offer notary services. If the will is self-proving, then anyone can be a witness - 2 complete strangers. Just wait for 2 customers of the UPS store.

Or better yet, get this all done by a lawyer who has a notary and who works in an office where there are other lawyers/secretaries who can be grabbed as witnesses.

See 20 Pa.C.S.A. � 3132. Self-proved wills

(a) Proof.--Unless there is a contest with respect to the validity of the will, or unless the will is signed by mark or by another as provided in section 2502 (relating to form and execution of a will), an affidavit of witness made in conformity with this section shall be accepted by the register as proof of the facts stated as if it had been made under oath before the register at the time of probate.

(b) Acknowledgment and affidavits.--An attested will may at the time of its execution or at any subsequent date be made self-proved by the acknowledgment thereof by the testator and the affidavits of the witnesses, each made before an officer authorized to administer oaths under the laws of this Commonwealth or under the laws of the state where execution occurs, or made before an attorney at law and certified to such an officer as provided in subsection (c) and evidenced, in either case, by the officer's certificate, under official seal, attached or annexed to the will. A separate affidavit may be used for each witness whose affidavit is not taken at the same time as the testator's acknowledgment. The acknowledgment and affidavits shall in form and content be substantially as set forth in the Uniform Probate Code or as follows:

Acknowledgment

Commonwealth of Pennsylvania (or State of ______________) County of ______________

I, ____________________, the testator whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will; and that I signed it willingly and as my free and voluntary act for the purposes therein expressed.

Sworn to or affirmed and acknowledged before me by ____________, the testator, this ________ day of __________, 19______.

(Testator)

(Signature of officer or attorney)

(Seal and official capacity of officer or state of admission of attorney)

Affidavit

Commonwealth of Pennsylvania (or State of ______________) County of ______________

We (or I), ______________ and ____, the witness(es) whose name(s) are (is) signed to the attached or foregoing instrument, being duly qualified according to law, do depose and say that we were (I was) present and saw the testator sign and execute the instrument as his Last Will; that the testator signed willingly and executed it as his free and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing and sight of the testator signed the will as a witness; and that to the best of our (my) knowledge the testator was at that time 18 or more years of age, of sound mind and under no constraint or undue influence.

Sworn to or affirmed and subscribed to before me by ____________________ and ____________________, witness(es), this ________ day of __________, 19______.

Witness

Witness

(Signature of officer or attorney)

(Seal and official capacity of officer or state of admission of attorney)

(c) Acknowledgment and affidavit taken before an attorney at law.--The acknowledgment of the testator and the affidavit of a witness required by subsection (b) may be made before a member of the bar of the Supreme Court of Pennsylvania or of the highest court of the state in which execution of the will occurs who certifies to an officer authorized to administer oaths that the acknowledgment and affidavit was made before him. In such case, in addition to the acknowledgment and affidavit required by subsection (b), the attorney's certification shall be evidenced by the officer before whom it was made substantially as follows:

Commonwealth of Pennsylvania (or State of __________) County of __________

On this, the __________ day of __________, 19______, before me , the undersigned officer, personally appeared __________, known to me or satisfactorily proven to be a member of the bar of the highest court of (Pennsylvania or the state in which execution of the will took place), and certified that he was personally present when the foregoing acknowledgment and affidavit were signed by the testator and witnesses.

In witness whereof, I hereunto set my hand and official seal.

(Signature, seal and official capacity of officer)