Robert Harper: Admission of Remotely Witnessed Will to Probate (January 29, 2021)

Robert Harper, of New York Trusts & Estates Litigation Blog, has published his summary of the case “Matter of Ryan, 2021 NY Slip Op 21010″ in his article titled “Admission of Remotely Witnessed Will to Probate.” The summary is as follows:

Until earlier this week, a Surrogate’s Court had not addressed the admission of a remotely witnessed will to probate.  By Decision and Order, dated January 25, 2020, Broome County Surrogate David H. Guy issued what appears to be the first reported New York decision addressing the admission to probate of a remotely witnessed will.

While Ryan presents the first published decision in which a Surrogate’s Court addressed the remote witnessing of a will, Ryan certainly will not be the last one.  It will be interesting to see whether Surrogates in counties other than Broome County conclude that similar circumstances satisfy the statutory formalities set forth in EPTL § 3-2.1 and the Executive Order authorizing the remote witnessing of wills.

To download the full opinion, click “Matter of Ryan, 2021 NY Slip Op 21010”

To see the full article, click: “Admission of Remotely Witnessed Will to Probate” by Robert Harper.

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