Professional Documents
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The Will should be executed by the testator in the sight and presence of three witnesses, who
should be persons not named in the Will (either as beneficiary or fiduciary) and not heirs or
distributees of the testator. A notary should also be present. The notary may not be a witness.
The testator should read to himself (or have already read) the Will. Then, in essence, the
following should take place in the sight and presence of the testator and the three witnesses:
The testator should state that the document he is about to sign is his Will, should insert the date in
the place provided for that purpose in the clause which starts "IN WITNESS WHEREOF" on the
Will, and should sign the Will on the signature line. One of the witnesses should then ask the
testator the following questions, to each of which the testator should respond affirmatively in
turn:
1. Is the instrument you have just executed your Last Will and Testament?
One of the witnesses should then read aloud the clause which starts "The foregoing instrument"
and insert the number of pages in this clause. Then the three witnesses should sign their names
and print their addresses after this clause.
It is essential that only the original of the Will be executed, and that none of the copies be
executed.
Finally, the supervising attorney should fill in the location of the signing in the blank lines in the
first full paragraph of the last page, entitled “AFFIDAVIT OF ATTESTING WITNESSES.” The
supervising attorney also fills in his/her name in the space provided in the last paragraph. The
three witnesses also sign the Affidavit, in the three lines provided. Their signatures on this page
must be notarized as provided.