Last Will and Testament for Married Person with Adult and Minor Children
Note: This law summary is not intended
to be all-inclusive of the law of wills in New York, but does provide basic
and other information. It does not include a discussion of handwritten
wills.
Who may make wills: Every
person eighteen years of age or over, of sound mind and memory, may by
will dispose of real and personal property. 3-1.1.
What property may be disposed of by will:
Every estate in property, real, personal and otherwise, may be devised
or bequeathed. 3-1.2.
Execution and attestation of
wills; formal requirements: A will must
be in writing, and executed and attested
in the following manner:
1. It shall be signed at
the end thereof by the testator. No effect shall be given to any
matter, other than the attestation clause, which follows the signature
of the testator, or to any matter preceding
such signature which was added subsequently to the execution of the
will.
2. The signature of the testator shall
be affixed to the
will in the presence of each of the attesting witnesses, or shall
be acknowledged by the testator to each
of them to have been
affixed by him or by his direction. The testator may either
sign in the presence of, or acknowledge his signature to each attesting witness separately.
3. The testator shall, at some time during the
ceremony or ceremonies of execution and attestation, declare to each of the
attesting witnesses that the instrument to which
his signature has been affixed is his will.
4. There shall be at least two
attesting
witnesses, who shall, within one thirty day period, both attest the testator's signature, as affixed or acknowledged in their presence, and at the request of the testator, sign their names and affix their residence addresses at the end of the will.
The failure of a witness to affix his address shall not affect the validity
of the will.
Competence of attesting witness who is beneficiary; application
to nuncupative will: An attesting witness to a will
to whom a beneficial disposition or appointment of property is made is
a competent witness and compellable to testify respecting the
execution of such will as if no such disposition or appointment had been
made, subject to the following: Any such disposition
or appointment made to an attesting witness is void unless
there are, at the time of execution and attestation, at least two other
attesting witnesses to the will who receive no beneficial disposition or
appointment thereunder. 3-2.2.
Revocation of wills; effect on codicils: A
revocation or alteration, if intended by the testator, may be effected
in the following manner only:
(1) A will or any part thereof may be revoked
or altered by:
(A) Another will.
(B) A writing of the testator
clearly indicating an intention to effect such revocation or alteration, executed
with the formalities prescribed by this article for the execution
and attestation of a will.
(2) A will may also be revoked by an act of burning,tearing,
cutting, cancellation, obliteration, or other mutilation or destruction
performed by the testator. Sec. 3-4.1
