Is a Xerox copy of a Will legal binding?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is a Xerox copy of a Will legal binding?
Asked on September 3, 2015 under Estate Planning, New York
Answers:
G.J., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
Where the original Will has been lost or misplaced, NY courts may allow a copy of the Will to be admitted to probate. In these instances the Surrogate Court requires certain requirements to be met. The person offering the Will for probate must prove 1 the Will has never been revoked 2 the Will was properly executed as according to NY Law 3 Will must be proven shown to be true by two credible witnesses or by a copy/draft of the Will which has been proven to be both true and complete.
If you can prove/show these three elements- the Court will accept the copy of the Will to Probate.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.