Will and affidavit

tdowd

New Member
Jurisdiction
New York
I finished my will and affidavit and gave it to my beneficiary. However, I notice the following wording mentioned on the Internet and think I might have done something wrong.
I didn't staple the will together with the affidavit. I just gave him the loose pagers held together with a paper clip. I didn't think I would be allowed to staple the will and the affidavit together.
Here is what I read on the Internet and don't know if it applies to me:

"Staple the affidavit to your will. If you ever make a new will, you should also redo your affidavit.

IMPORTANT: Don't remove the staples from the Will when making copies. Doing anything to the Will can be a reason to invalidate it. If the staples were removed, you must tell the Court in a signed and notarized affidavit why they were removed, where it has been kept since it was executed, and that you believe no substitutions or changes have been made since its execution."

Should I now contact my beneficiary and tell him to staple the affidavit to the will (staple in top left corner)? Doing so wouldn't invalidate the will? Would the 'court, etc.' accept the will if it is stapled to the affidavit?

I would think if NY wanted will/affidavit stapled, that could be done when the will/affidavit was brought into the court. But that is just my opinion.
 
Take the will back.

Take it to a lawyer for review and any fixing that is needed.

I suggest that you retain possession of your will and just let your beneficiary know where to find it.

I think it's a bad idea to leave an original of the will floating around out there in case you want to change it.

Give your beneficiary a copy marked "copy."
 
Take the will back.

Take it to a lawyer for review and any fixing that is needed.

I suggest that you retain possession of your will and just let your beneficiary know where to find it.

I think it's a bad idea to leave an original of the will floating around out there in case you want to change it.

Give your beneficiary a copy marked "copy."


This is a great idea.

My will and my wife's will are stored in our safe deposit box.

Our lawyer has "copies" of the will, marked "DRAFT".

None of the named beneficiaries know they have been named.

None will learn of that until one of us dies.

Our family trust will administer the estate if we both die at or around the same time.

We didn't like painting targets on our backs. :)
 
Only one beneficiary and he is executor. I live alone.
Doesn't anyone know about my original question as to whether the one page affidavit needs to be stapled to the back of the four pages of the will? All five pages stapled together (here in NY). Or all five pages remain un-stapled?
 
Only one beneficiary and he is executor. I live alone.

Same here, and my will is in my filing cabinet (under my immediate control if I want to make changes while I am alive) and my beneficiary (sister) knows where to find it.

Doesn't anyone know about my original question as to whether the one page affidavit needs to be stapled to the back of the four pages of the will? All five pages stapled together (here in NY). Or all five pages remain un-stapled?

The NY statute (EPT 3-2.1) does not address whether all the pages have to be stapled or not:

2016 New York Laws :: EPT - Estates, Powers & Trusts :: Article 3 - SUBSTANTIVE LAW OF WILLS :: Part 2 - (3-2.1 - 3-2.2) EXECUTION OF WILLS :: 3-2.1 - Execution and attestation of wills; formal requirements

However, common sense tells me that all pages should be labeled "1 of ___", initialed and dated by the maker of the will and that all pages (including the affidavit) be stapled together.
 
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