New York’s Law of Wills sets forth formal requirements for the execution and attestation of wills. These requirements include the permissible forms of the will, the signature of the testator, and the signatures of at least two attesting witnesses. A will that does not follow these basic formalities may be deemed invalid.
Wills in New York Must be in Writing
In general, for a last will and testament to be valid in the State of New York, the will must be in writing. New York law does allow nuncupative (unwritten) wills and holographic (entirely handwritten) wills, but only in very limited circumstances.
Testator’s Signature Must Appear at the End of the Will
The testator is the person making the last will and testament. Under New York law, the testator must sign the will at the end. If there is any writing below the testator’s signature at the time the testator signs, this will not invalidate the information above the signature unless the information above the signature is incomprehensible without taking into consideration the information stated below the testator’s signature.
Other than the signatures of the witnesses, nothing that appears on the will below the testator’s signature will be given any legal effect. New York law also provides that no further writing may be added, above or below the testator’s signature, after the testator has executed (signed) the will.
New York Law Allows Someone to Sign on the Testator’s Behalf
Someone besides the testator may sign the will on the testator’s behalf, but only if that person signs in the testator’s presence and at the testator’s direction. This person must sign the testator’s name as described above, and must also sign his or her own name and affix his or her residence address to the will. The person who signs on the testator’s behalf may not also act as a witness to the will.
Execution and Attestation of the Will
Under New York law, the testator or the person signing on the testator’s behalf must either sign the will in the presence of each of the attesting witnesses or acknowledge his or her signature to each witness. The testator may either sign in the presence of, or acknowledge his or her signature to each witness separately. The testator must inform the witnesses that the document is his or her will.
A valid will in New York requires at least two witnesses. Within a thirty-day period, the witnesses must witness the testator’s signature or acknowledgement of signature, and must sign their names and include their residence addresses at the end of the will.
New York Will Formalities
The legal requirements for the execution of a valid last will and testament change from time to time as the Laws of New York are updated. In writing a will, a person should seek the advice and assistance of a licensed New York attorney in order to avoid unintended consequences.
Disclaimer: This article is in no way intended as legal advice. For help with specific legal issues, one should contact a licensed attorney in one's own jurisdiction.
Jessie Vanwinkle - Jessie Vanwinkle is an attorney in practice since 1998. View her full profile for more information.
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