EPTL 3-2.1 Flashcards
(16 cards)
What is the general requirement for wills according to EPTL § 3-2.1?
Every will must be in writing, executed, and attested.
Exceptions: Nuncupative and holographic wills.
Fill in the blank: A will must be signed at the end thereof by the _____\__.
[testator]
Who can sign the will in the name of the testator?
Another person in the presence and by the direction of the testator.
What happens to matters following the testator’s signature?
They shall not invalidate preceding matter except in certain conditions.
What are the conditions under which preceding matters may not be given effect?
If they are incomplete or would subvert the testator’s general plan.
What effect do matters added after the execution of the will have?
No effect shall be given to them.
What must a person signing the testator’s name also do?
Sign his own name and affix his residence address.
Does the person signing the testator’s name count as an attesting witness?
No, he shall not be counted as one of the necessary attesting witnesses.
How must the signature of the testator be affixed?
In the presence of each attesting witness or acknowledged to them.
What declaration must the testator make during the execution and attestation?
Declare that the instrument is his will.
How many attesting witnesses are required?
At least two attesting witnesses.
What must the attesting witnesses do after attesting the signature?
Sign their names and affix their residence addresses.
What is the rebuttable presumption related to the attesting witnesses?
That the thirty day requirement has been fulfilled.
Does the failure of a witness to affix his address affect the validity of the will?
No, it does not affect the validity.
Is the precise order of the execution and attestation procedures mandatory?
No, the procedures need not be followed in the precise order.
What must be observed during the execution and attestation of wills?
All requisite formalities.
