Wills in New York

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WILLS IN NEW YORK

• What You Should Know
• And What Your Options Are

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What Is a Last Will and Testament?
Usually referred to as a will, a last will and
testament is a special kind of legal document
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Wills allow you to make specific kinds of legal
choices
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such as who will act as a guardian over your
child should you die while the child is still
young
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and who you wish to transfer your property to as
an inheritance
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Who Can Make a Will?
You can make a will in New York if you are at
least 18 years old and are of sound mind
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Everyone who makes a will is known as a
testator, if male, or a testatrix, if female
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However, TESTATOR often refers to any person
who makes a will REGARDLESS OF GENDER
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How Do You Make a Will?
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LEGAL REQUIREMENTS
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To make your will you have to set down your
choices in writing, sign the documents in the
presence of two competent witnesses, and then
have the witnesses sign as well
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You do not need to have your will NOTARIZED
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Can I Notarize My Will?
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SELF-PROVING WILLS
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Though you are not required to have your will
notarized, you can create a SELF-PROVING will
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A self-proving will is one that is accompanied by
a sworn statement from the witnesses saying
that they saw you sign the document
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That sworn statement must be notarized
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Who Do I Have to Leave An Inheritance To?
If you are married you cannot completely
disinherit your spouse
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but you are otherwise under no legal obligation
to leave an inheritance to anyone
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Your children, for example, do not have an
automatic right to inherit from you through your
will
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What If I Dont Have a Will?
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INTESTATE SUCCESSION
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Making a will is entirely optional, but if you
fail to make this important document your
property will still need to be transferred to
new owners after you die
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New York, like all other states, has laws that
predetermine who will inherit your property if
you dont have a will
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These laws apply automatically unless you make
your choices known through a last will and
testament
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What Else Can I Do With My Will?
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EXECUTORS, TRUSTS, AND MORE
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Other than inheritances, wills allow you to do
quite a bit
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You can, for example, name someone who will be
responsible for managing your property after you
die, create a trust for young children, and more
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Your estate planning lawyer will guide you
through your options
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