Frequently Asked Questions
Who must sign this Codicil?In New York, a Codicil or Will must be signed by at least two attesting witnesses, who will, within one thirty day period, both attest the Testator's signature, signed or acknowledged in their presence, and then, at the request of the Testator, sign their names and affix their residence addresses at the end of the Codicil or Will.
At some time during the ceremony or ceremonies of execution and attestation the Testator will declare to each of the witnesses that the instrument to which his signature has been attached is his Codicil or Will.
The signature of the Testator must be affixed to the Codicil or Will in the presence of each of the attesting witnesses, or must be acknowledged by the Testator to each of them to have been affixed by him. The Testator may either sign in the presence of, or acknowledge his signature to each attesting witness separately.
Signing 'in the presence of' another means the other parties actually watch the signing. The Testator and the witnesses should initial the bottom right hand corner of each page of the Codicil or Last Will (except the last page which is signed by everyone). Witnesses should NOT be individuals who will be receiving gifts in the Will or the spouses of individuals receiving gifts in the Will.