N.Y. EPT Law § 3-3.2
This is the official text of N.Y. EPT Law § 3-3.2, part of New York’s EPT Law — part of the compiled statutory law of New York, published by the state as "EPT Law." Browse the sections below, each linked to its official government source.
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Competence of attesting witness who is beneficiary; application
Official statutory text
§ 3-3.2 Competence of attesting witness who is beneficiary; application\n to nuncupative will\n (a) An attesting witness to a will to whom a beneficial disposition or\nappointment of property is made is a competent witness and compellable\nto testify respecting the execution of such will as if no such\ndisposition or appointment had been made, subject to the following:\n (1) Any such disposition or appointment made to an attesting witness\nis void unless there are, at the time of execution and attestation, at\nleast two other attesting witnesses to the will who receive no\nbeneficial disposition or appointment thereunder.\n (2) Subject to subparagraph (1), any such disposition or appointment\nto an attesting witness is effective unless the will cannot be proved\nwithout the testimony of such witness, in which case the disposition or\nappointment is void.\n (3) Any attesting witness whose disposition is void hereunder, who\nwould be a distributee if the will were not established, is entitled to\nreceive so much of his intestate share as does not exceed the value of\nthe disposition made to him in the will, such share to be recovered as\nfollows:\n (A) In case the void disposition becomes part of the residuary\ndisposition, from the residuary disposition only.\n (B) In case the void disposition passes in intestacy, ratibly from the\ndistributees who succeed to such interest. For this purpose, the void\ndisposition shall be distributed under 4-1.1 as though the attesting\nwitness were not a distributee.\n (b) The provisions of this section apply to witnesses to a nuncupative\nwill authorized by 3-2.2.\n
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