New York Law (NYLE) Practice Exam

What happens when a will has not been properly witnessed?

1. The will is automatically void

2. The will may still be probated if certain conditions are met

3. The testator can still revoke it without formalities

4. The will is valid unless contested

The correct answer is: The will may still be probated if certain conditions are met

When a will has not been properly witnessed, it may still be eligible for probating under certain conditions, which is why the chosen answer is appropriate. In New York, even if a will fails to meet the standard witnessing requirements (which typically involve being signed by two witnesses), it may still be considered valid if the testator can demonstrate that the will expresses their true intentions. To probate a will that lacks the requisite witnessing, the court may look for other evidence, such as testimony from individuals who can testify to the authenticity of the will or evidence of the testator's intent. Additionally, if the will is found in a condition suggesting it was intended to be a final disposition of the testator's property, this may support its validity despite the lack of proper witness signatures. The other options do not accurately reflect the legal principles governing wills under New York law. A will is not automatically void solely due to improper witnessing, as it retains the possibility of probating under a court's examination of the circumstances. While the testator can revoke a will at any time, this is separate from issues of witnessing and does not imply that the will remains valid. Lastly, the statement regarding the will being valid unless contested does not apply since the validity hinges on proper