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Rusk, Wadlin, Heppner & Martuscello, LLP Celebrating 150 years

Hudson Valley Law Firm Frequently Asked Questions Videos

How does a judge determine the validity of a will?

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Transcript:


It’s really important that the judge determines that that will is valid and the way that they do that is by making sure that there are two witnesses, that attest to the capacity of the person who actually signs the will. We call them the “testator.”

And the judge can examine witnesses, actually, and make sure that they actually saw the will being signed and that the testator acknowledge that it was their will, and that they wanted these people to witness the will for them. So it’s a serious process so that there is no room for some sort of sham document being submitted, that’s what the courts want to avoid.

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