What number of witnesses are necessary and must a Notary Public must be an attorney?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What number of witnesses are necessary and must a Notary Public must be an attorney?

I have drafted my own simple Will prior to going (Monday, next week) for surgery. I would like to have it executed and witnessed (correctly) but I have had differing responses from Notary Public at banks as to how many witnesses are required and whether notarization must be by an attorney.

Asked on July 24, 2012 under Estate Planning, New York

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

A Notary does not have to be an attorney.  Many attorneys are notaries though becuase it is a privilege that comes with the license.  As for witnesses, New York’s section of the law on this  - EPTL section 3-2.1 - sets out the statutory requirements as to witnesses.   New York requires two attesting witnesses. New York has what is called a publication requirement that resilts in a formal execution ceremony. At the request of the testator, each witness must sign the Will and thereby affirm that the testator knows that he or she is making a Will, and that the testator has declared the document being signed as the testator’s last Will.  You as testator must sign the Will in the presence of the witnesses, but the witnesses need not sign in each others’ presence. I urge you to seek legal help.  Good luck with everything. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption