New York Will also known as New York Last Will and testament, makes sure your property is given to the intended beneficiary after your demise. You find out specific laws that influence last wills in New York, how to write a will, how to revise the last will, and more.
What Is New York Last Will and Testament?
New York last will and testament is a legal document that provides a written record of how a testator would desire that his estate be distributed after his demise.
It is important to create a last will and testament. This ensures that tangible and private properties are distributed upon the demise of the testator. New York Wills make it possible for the testator to secure the interest of a spouse, children, family relatives, friends and even pets.
New York Will gives you the chance to choose a guardian for your minor children and allows you to defer distribution to minors through trust provision in the will till they become old enough.
How to Write a Last Will and Testament in New York?
A sample New York will or New York template will capture some important details that must be featured in a New York Will form. This specification will guide you on how to write a New York State last will and testament. Below are the basic requirements.
- Age: The testator must be up to 18 years old for a will made to be binding.
- Capacity: The testator must be mentally sound. This means that he must be able to single handedly make a decision or reason out a matter.
- Signature: A New York state Will form makes provision for the testator to sign. A different person who does not stand in as a witness must also sign in the presence of the testator and keeping with his directives.
- Witnesses: Just like in every other will, the presence of a witness is very important. The testator must sign his will in the presence of two witnesses or acknowledge the signature to them. This could be done either at the same time or separately. 30 days is fixed for the witness to sign the will. They are also expected to include their address although negligence to this does not make the will invalid.
- Writing: A will must be in written form to be labelled valid although it can also be nuncupative i.e oral as the case demands.
- Beneficiaries: A New York last will and testament may allow the transfer of property to different kinds of beneficiaries. Ranging from individuals to groups, government, legal firm, partnerships and lots more.
New York also considers nuncupative wills or holographic wills. This consideration is tied to a unique situation. This applies to a member of the armed forces while in service during a war or armed conflict, a person who serves or follows a member of the armed forces during war or armed conflict or a mariner at sea. Wills of this nature must be endorsed by two witnesses and becomes valid after a year if made by a member of the armed forces and three years after when made by a mariner.
More About Making changes to a New York Will
Several things might call for changes in a will. Under the New York Law, a testator is allowed to make changes in their will in two ways. Let's take a brief look at their peculiarities.
- 1. Revocation: A will can be revoked as many times as possible before the death of the testator. This must be carried out properly to save one future confusion.
- 2. Codicil: This is simply a revision or an addition to an already existing will. It doesn't invalidate the initial will but adds up to it. The rules for making this kind of change in New York are tailored after the same legal requirements for putting up a standard will. It also requires the endorsement by two witnesses.
In the New York law, it is possible to revoke a will by destruction either absolute destruction, by fire, cutting or mutilation. Also, writing a new will can revoke a previous one if it is stated in the new will. All these must be done by the testator.
Conclusion
The New York Wills amongst other wills has a unique spot. It does not only award allocation of an estate to beneficiaries who are of age alone but defers the entitlement of minors till they come of age. This consideration makes it possible for the interest of minors to be secured long before they grow up. Since it is possible to source New York state will forms online, it makes it easier for a testator to customize his document to mirror all the basic information expected to be captured in a typical New York State Last Will and Testament.
