If my uncle’s original Will cannot be found but my sister however has found a copy of an unsigned Will with a slash through thesignature line, is it valid?
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If my uncle’s original Will cannot be found but my sister however has found a copy of an unsigned Will with a slash through thesignature line, is it valid?
Asked on February 2, 2012 under Estate Planning, New York
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
I am so sorry for your loss. The Will you have is not in and of itself considered a valid Will. I would, however, take it to an attorney to review. The problem here - besides the obvious - is that a Will needs to be witnessed and those witnesses would be the ones to help you to allow a court to enter this Will in to probate if it can be said that it is an unexecuted copy of the Will he did execute - says the exact same thing. Good luck.
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