Validity of Wills-- Foreign Wills and Lawyer Malpractice

Question 1

Foreign wills act

Answer 1

A will is admissible to probate in NY, if it was validly executed under: END

E== Law of state where will was EXECUTED OR
N== NY law OR
D-== law of state where the T was domiciled, either when the will was executed or at death

These rules apply only to determine whether the Will is admissible to probate in NY.

Question 2

Holographic wills (NOT VALID IN NY)

Answer 2

a holographic will is entirely in T’s handwriting, it is signed but NOT WITNESSED

NOT VALID IN NY– unless witnessed, unless foreign wills act applies, and the holographic will was allowed in T’s state of domicile or execution

Question 3

Nuncupative Will– (NOT VALID IN NY)

Answer 3

an oral will, could be on a DVD, Youtube

Question 4

Lawyer malpractice

Answer 4

no privity of contract between beneficiaries and the lawyer, duty is only to client who contracted services (and now he/she ) is dead