EPTL 3-2.1

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From April 7, 2020 to June 25, 2021, New York Executive Order 202.14 authorized “the remote execution of wills” in New York State. Recently, in Matter of Holmgren, Queens County Surrogate Peter J. Kelly wrote a decision addressing the information that a self-proving affidavit must contain in order to prove the validity of a remotely executed will. Robert Harper writes about the decision in our latest post.
Continue Reading SURROGATE’S COURT PROVIDES GUIDANCE ON PROVING THE VALIDITY OF A REMOTELY WITNESSED WILL

In April 2020, Governor Cuomo issued Executive Order 202.14, authorizing the remote witnessing of wills in the midst of the COVID-19 pandemic. Earlier this week, Broome County Surrogate’s Court issued what appears to be the first reported New York decision addressing the admission to probate of a remotely witnessed will. Rob Harper discusses the decision in our latest post.
Continue Reading Admission of Remotely Witnessed Will to Probate

In Matter of Feller, a contested probate proceeding that was decided last week in Monroe County, the Surrogate addressed typical objections pertaining to due execution, testamentary capacity, and undue influence. The decision provides a cohesive illustration of the standards and considerations that Surrogates routinely utilize in addressing these allegations. Jaclene D’Agostino discusses the case in this week’s entry.
Continue Reading Summary Judgment Granted, Dismissing Objections and Admitting Will to Probate