Is a Xerox copy of a Will legal binding?

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Is a Xerox copy of a Will legal binding?

Asked on September 3, 2015 under Estate Planning, New York

Answers:

G.J., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Where the original Will has been lost or misplaced, NY courts may allow a copy of the Will to be admitted to probate. In these instances the Surrogate Court requires certain requirements to be met. The person offering the Will for probate must prove 1 the Will has never been revoked 2 the Will was properly executed as according to NY Law 3 Will must be proven shown to be true by two credible witnesses or by a copy/draft of the Will which has been proven to be both true and complete.
If you can prove/show these three elements- the Court will  accept the copy of the Will to Probate.


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