Written by attorney Kera Murphy Reed

Preparing a Will Online

When an attorney supervises the execution of a last will and testament, a presumption of due execution arises, meaning that the law assumes that all of the proper statutory formalities were followed when the will was signed. If the will execution ceremony is not supervised by an attorney, this presumption does not exist. In order for the Surrogate’s Court to admit an unsupervised will to probate, it must satisfied that the will was properly executed. If a will is executed by a person on their own, without attorney supervision, they run the risk having the will rejected by the Court.

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