QUESTION

Is it necessary for a Will to contain "being of sound mind and memory" when being prepared by an attorney?

Asked on Sep 28th, 2017 on Wills and Probate - New York
More details to this question:
If being of sound mind is necessary in order to prepare a Will, does that sentence need to be written into a Will. Every Will I have seen has words to that effect. The lawyer did not put it into the Will just made by my 97-year old Grandfather.
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1 ANSWER

Estate Planning Attorney serving New York, NY
1 Award
The phrase you mentioned is not statutory.  The person must be "competent" and a proper form will have the witnesses attest to that fact.
Answered on Sep 30th, 2017 at 12:55 PM

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