New York Last Will & Testament Information
A New York Last Will & Testament includes the following requirements:
The testator must be eighteen years old or older.
They must also be of ‘sound mind’.
The Will must be signed by the testator or by someone else in their name (provided it is done under the testator’s direction and in their presence).
The signing of the Will requires at least two witnesses in order to make it valid. The witnesses also must sign the will within a 30 days.
Another requirement to make the Will valid is that it must be in written format.
A New York resident may bequeath their assets to any beneficiaries.
A living will gives instructions to carers should you be rendered incapable of making healthcare decisions for yourself. New York courts allow these documents if they meet specific requirements as there is no statute that directly address living wills. However, New York law provides for a Health Care Proxy, allowing one to grant authority to a trusted person regarding how they will be cared for medical-wise.
New York also officially recognizes oral and handwritten wills under certain conditions:
If it was made by a member of the armed forces during service
If it was made by someone who accompanies an armed force during war
If it was written by a mariner at sea.
If it meets these requirements, the will document must be signed by two witnesses. It does, however, become invalid a year after discharge by a member of the armed forces, and three years after discharge by a mariner.
Click here if you have any questions about creating a last will in New York.