IN RE MENAHEM

Ordered that the decree is affirmed, with costs payable by the cross petitioner and objectant personally.

Estates, Powers and Trusts Law § 5-1.1-A (e) (2) provides that a waiver or release of a surviving spouse's right to an elective share of the estate of the deceased spouse "must be in writing . . . subscribed by [its] maker . . ., and acknowledged or proved in the manner required for the recording of a conveyance of real property" ( see Matter of Seviroli, 44 AD3d 962; Matter of Henken, 150 AD2d 447). A certificate of acknowledgment attached to an instrument raises a presumption of due execution which can be rebutted only after being weighed against any evidence adduced to show that the subject instrument was not duly executed ( see Matter of Seviroli, 44 AD3d at 962).

Under the circumstances of this case, we agree with the Surrogate's determination that the prenuptial agreement, which contained a waiver of the right of election, was validly executed and acknowledged by the surviving spouse in substantial compliance with the statutory requisites of EPTL 5-1.1-A (e) (2) ( see Matter of Doman, 58 AD3d 625; Matter of Seviroli, 44 AD3d at 962).

Moreover, the record indicates that the surviving spouse possessed the mental capacity to execute the prenuptial agreement ( see Weissman v Weissman, 42 AD3d 448, 450; Lukaszuk v Lukaszuk, 304 AD2d 625).

The parties' remaining contentions are without merit.