Attorney Supervised Wills Given Presumption of Regularity
Attorney Supervised Wills Given Presumption of Regularity
New York mandates strict compliance with the provisions of EPTL § 3-2.1 in connection with the execution of Wills. Failure to follow formalities could result in the Will not being admitted to probate. This presents a heightened risk to people who try to do their own Wills. One way to mitigate the strict nature of the statute is to use an attorney during the execution of the Will. Attorney supervised Wills are generally given a presumption of regularity. See, Matter of Finocchio, 704 NYS2d 634 (2d Dept. 2000).