A technically defective will can be rejected by Surrogate’s Court — leaving your estate governed by intestacy rules instead of your wishes. New York’s EPTL §3-2.1 is unforgiving: even well-intentioned errors void an otherwise thoughtful document.
The Most Costly Pitfalls
| Mistake | Why It Matters |
|---|---|
| Signing anywhere but the end | EPTL §3-2.1 requires the testator’s signature at the end of the will |
| Skipping publication | The testator must declare the instrument to be their will before witnesses sign |
| Only one witness | New York mandates at least two attesting witnesses |
| Witnesses sign on different days too far apart | Both must sign within a 30-day window (rebuttable presumption of compliance) |
| Witnesses omit their addresses | Each witness must include their residence address |
| Confusing a living will with a property will | A living will is a separate health-care document — it conveys no property |
| Assuming a spouse is fully protected | The spousal right of election (EPTL 5-1.1-A) provides a minimum share, but proper drafting still matters |
Errors in execution are rarely correctable after the testator dies. Codicils and amendments can remedy some defects during life — but only if the original will is valid.
Schedule a Will Execution Review
Russel Morgan, Esq. guides clients across New York — NYC, Long Island, Westchester, the Hudson Valley, and Upstate — through compliant will drafting and execution.
Book a 30-minute consultation before a procedural flaw costs your family everything.
Further reading from Morgan Legal Group: New York will execution requirements.