New York Last Will and Testament Template

What Is a Last Will and Testament?

New York defines a will as “an oral declaration or written instrument, made as prescribed by 3-2.1 or 3-2.2 to take effect upon death, whereby a person disposes of property or directs how it shall not be disposed of, disposes of his body or any part thereof, exercises a power, appoints a fiduciary or makes any other provision for the administration of his estate, and which is revocable during his lifetime.” (§ 1-2.19)

Requirements

To execute a valid will, individuals must:

• The will must be signed by two competent witnesses who attest to the testator’s signature. (§ 3-2.1(a)(4))
• The will must be in writing. (§ 3-2.1(a)(1))

Filing

New York does not mandate the filing of wills during a person’s lifetime. Probate courts may allow residents to deposit wills for secure storage.

Sources

1. 1. § 1-2.19
   2. § 3-2.1(a)(4)
   3. § 3-2.1(a)(1)