Attestation Clause and Self-Proving Affidavit to Will
(NY)

Summary

This template consists of an attestation clause and self-proving affidavit that should accompany a will in New York. The attestation clause should come at the end of a will, followed only by the self-proving affidavit language. This template contains practical guidance and drafting notes. Together, the attestation clause and the self-proving affidavit provide critical, contemporaneous evidence that the testator had capacity, confirmed the reading of the will, and knew what she or he was signing, which becomes especially important if there is a will contest proceeding. Even in an uncontested probate proceeding, the self-proving affidavit is important because it dispenses with the need for the witnesses to testify about the signing of the testator's will. Since witnesses might have forgotten the circumstances of the will signing, or may not be able to be located, or may have died themselves, the self-proving affidavit plays a vital role and should never be omitted when preparing a will for a client. For a full listing of key clauses for use when drafting last wills and testaments, see Will Clauses Resource Kit. For more information on the formalities of will execution, see Requisites, Instrumentation, and Will Provisions (NY).