What is Required for a Valid Will in New York?
For all intents and purposes, this answer deals with wills in writing.
There are some exceptions to the following requirements below.
New York Estate Powers and Trusts Law (EPTL) – Section 3-2.1 sets forth the exact requirements
for the Execution ant Attestation of Wills in New York.
- You must be eighteen years of age or over, and must be of sound mind and memory in order
to make a will in New York.
- The will must be signed at the end by the Testator (the person making the will).
- New York requires at least two separate witnesses to attest to the Testator signing the will.
- The signature of the testator at the end of the will and must be in the presence of each of the
attesting witnesses. The testator may either sign in the presence of the witnesses, or acknowledge
his signature to each of the attesting witness separately.
- The Testator shall, “at some time during the ceremony or ceremonies of execution and attestation,
declare to each of the attesting witnesses that the instrument to which his signature has been affixed
is his will.” EPTL – 3-2.1 (a) (2).
There are other instruments available for the testator which can assist in the validity of a will.
For more information on this subject, please call the Law Office of Paul R. Kenney, LLC at 212-877-4039.