The act of a testator in declaring to each of the witnesses that the instrument to which his signature has been affixed is his will.
Sometimes known as a no contest clause in a will, it is a provision in a will which is designed to prevent a testamentary disposition from taking effect in case the will is contested by the beneficiary, despite the presence or absence of probable cause. 3 Joseph A. Cox, et al., New York Civil Practice, SCPA Par. 1410.04.
A trust which the grantor or settlor has the power to terminate or amend at any time prior to death.
Witnesses to the due execution of a will.
A dispositive instrument written entirely in the hand of the testator, which is not executed in accordance with the statutory formalities prescribed by EPTL Sec. 3-2.1.
A written or oral expression of a person’s intention concerning the disposition of his/her property at death. See EPTL Sec. 1-2.19.
Down
A transferor of property into trust.
An oral declaration as to the disposition of property, established by at least two witnesses.
A clause which appears at the end of the will wherein the witnesses to the will certify that the instrument was executed in accordance with the statutory requirements.
In the area of wills, the action of the testator in making known to the witnesses that the signature on the instrument is his signature.
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