What Does Due Execution Mean When Contesting A Will?
The proponent has the burden of proving due execution by a fair preponderance of evidence. He can rely on a presumption of regularity if an attorney supervised the execution. New York requires strict compliance with EPTL 3-2.1, which is the statute of wills. If the decedent executed his written will in another jurisdiction, it may be admitted into probate under EPTL 3-5.1, although the formalities with which it was executed differ from New York. If the decedent filed the required formalities of the home state where it was executed, then New York will admit the will to probate.
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