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 10 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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