Preparing A Last Will & Testament In Long Island, New York
Preparing a Last Will and Testament in New York: A Long Island Guide
A last will and testament is an important way to express your wishes for property that will pass through your estate. For residents of Long Island and elsewhere in New York, a well-considered will should reflect both your intentions and the state's legal requirements.
My previous article discussed dying without a will. Intestacy can direct property to people or in proportions you would not have chosen. Preparing a valid will gives you an opportunity to make those decisions thoughtfully, with counsel's help.
Who can make a will in New York?
New York law allows a person who is at least 18 and has the required mental capacity to make a will. Physical illness or disability alone does not mean someone cannot do so.
Capacity, freedom from improper pressure and proper execution are distinct issues. They should be considered together, particularly when family relationships are complicated or the person's health is changing.
New York will signing and witness requirements
For an ordinary written will, the requirements include:
A written document and a signature at its end, subject to the statute's provisions.
The testator signing in each witness's presence or acknowledging the signature to each witness.
A declaration to each witness that the document is the testator's will.
At least two attesting witnesses signing at the testator's request within one 30-day period.
Special situations require additional analysis. Handwriting a document does not eliminate the usual execution requirements, and notarization alone does not replace the required witnesses. An attorney can arrange a signing process that addresses the applicable formalities.
Why unclear or improperly executed wills invite challenges
An interested person may challenge a will based on issues such as improper execution, lack of capacity, fraud, duress or undue influence. Careful preparation can help reduce avoidable uncertainty, although no drafting process can guarantee that a challenge will never occur.
Consider the example of a will offered for probate and then challenged by an heir. If the court rejects it and no earlier valid will governs the property, intestacy rules may determine distribution. The result could differ from the wishes expressed in the rejected document.
This is one reason I encourage clients to take the preparation and signing process seriously rather than relying only on how clear their intentions seem to them.
What should you discuss before drafting your will?
Tell your attorney whom you want to benefit, whom you want to administer your estate and whether beneficiaries need continuing management of an inheritance. Discuss any significant family concerns openly.
Review property ownership and beneficiary designations as well. A will is only one component of the plan; assets that transfer through another valid arrangement may not follow the will's directions.
Keep your will current as life changes
Review your plan after changes in family relationships, property, residence or the availability of the people you named. An outdated document can be valid while no longer matching your goals.
Acquiring a new asset does not automatically mean that it will pass under intestacy. A properly drafted disposition of all property or a residuary provision may cover later-acquired property. The actual wording and the way the asset is held matter.
Ask counsel to examine whether your existing provisions still work. Avoid making informal handwritten changes without advice about how to amend the document properly.
Frequently asked questions
Can I make a handwritten will?
An ordinary handwritten will still generally needs proper execution. New York's exceptions for unwitnessed holographic wills are limited; do not assume handwriting alone makes a will valid.
What happens if my will is declared invalid?
An earlier valid will may govern. If none applies, property may pass under intestacy rules, subject to other valid transfer arrangements.
Should I keep a will if I also have a trust?
A coordinated plan may use both. Your attorney can explain how a will can address property left outside the trust.
Discuss your will with a Long Island estate planning lawyer
I assist with wills, living trusts and other necessary planning instruments. Contact our office to discuss preparation or review of your plan. We assist residents of Nassau and Suffolk Counties, Queens, Brooklyn in Kings County, and other New York communities.
Related Articles
Related Articles
What Happens If You Die Without a Will in New York?
Living Trusts in New York: How They Fit Into Your Estate Plan
New York Powers of Attorney: Planning for Financial Help and Medical Decisions
This article provides general information and is not legal advice for a particular situation.
