ESTATE OF FILOMENA SYKU, ALSO KNOWN AS FILJA SYKU, Deceased

ESTATE OF FILOMENA SYKU, ALSO KNOWN AS FILJA SYKU, Deceased (197/12) — This is a proceeding to probate a nine page testamentary instrument dated March 28, 2007. The decedent died on October 23, 2010. The amended petition by the nominated executors and one-seventh testamentary beneficiaries alleges that the decedent's distributees are unknown, although they originally alleged he was survived by a brother. Jurisdiction was obtained over the Attorney General, the Public Administrator and unknown distributees, and a guardian ad litem was appointed for the unknown distributees. The instrument contains the decedent's signature on page 7, the attestation clause appears on the top of page 8 followed by the typed names and addresses of the witnesses and an affidavit of the witnesses follows and continues to page 9, and on page 9 the signatures of the two attesting witnesses are notarized at the end of their joint affidavit by the attorney who supervised the execution of the propounded document. The report filed by the guardian ad litem indicates, inter alia, that she has examined the instrument and the affidavits of the attesting witnesses executed pursuant to SCPA 1406, and she has no objection to the probate of the will.

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

ESTATE OF FILOMENA SYKU, ALSO KNOWN AS FILJA SYKU, Deceased (197/12) — This is a proceeding to probate a nine page testamentary instrument dated March 28, 2007. The decedent died on October 23, 2010. The amended petition by the nominated executors and one-seventh testamentary beneficiaries alleges that the decedent’s distributees are unknown, although they originally alleged he was survived by a brother. Jurisdiction was obtained over the Attorney General, the Public Administrator and unknown distributees, and a guardian ad litem was appointed for the unknown distributees. The instrument contains the decedent’s signature on page 7, the attestation clause appears on the top of page 8 followed by the typed names and addresses of the witnesses and an affidavit of the witnesses follows and continues to page 9, and on page 9 the signatures of the two attesting witnesses are notarized at the end of their joint affidavit by the attorney who supervised the execution of the propounded document. The report filed by the guardian ad litem indicates, inter alia, that she has examined the instrument and the affidavits of the attesting witnesses executed pursuant to SCPA 1406, and she has no objection to the probate of the will.

The issue for the court is whether the failure of the two attesting witnesses to sign their names below the boilerplate attestation clause is fatal to the validity of the will. Even absent opposition to probate, pursuant to SCPA 1408, before admitting a will to probate, a court must be satisfied that the execution of the will was valid (see SCPA 1408; Matter of Halpern, 76 AD3d 429 [2010]; Matter of Falk, 47 AD3d 21 [2007]).

ESTATE OF FILOMENA SYKU, ALSO KNOWN AS FILJA SYKU, Deceased

Share with Email

Thank you for sharing!

Trending Stories

More From ALM

Subscribe to New York Law Journal