New,York,Wills,Writing,Will,No law New York Wills: Writing a New York Will

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Normal 0 false false false EN-US X-NONE X-NONE /* Style Definitions */ table.MsoNormalTable{mso-style-name:"Table Normal";mso-tstyle-rowband-size:0;mso-tstyle-colband-size:0;mso-style-noshow:yes;mso-style-priority:99;mso-style-parent:"";mso-padding-alt:0in 5.4pt 0in 5.4pt;mso-para-margin-top:0in;mso-para-margin-right:0in;mso-para-margin-bottom:10.0pt;mso-para-margin-left:0in;line-height:115%;mso-pagination:widow-orphan;font-size:11.0pt;font-family:"Calibri","sans-serif";mso-ascii-font-family:Calibri;mso-ascii-theme-font:minor-latin;mso-hansi-font-family:Calibri;mso-hansi-theme-font:minor-latin;mso-bidi-font-family:"Times New Roman";mso-bidi-theme-font:minor-bidi;}If you are considering making a Will in New York,there are a number of matters you need to consider. Additionally, although thedocument itself may seem simple enough, there are technical formal requirementswhich need to be complied with. This article discusses essential principles ofNew York Wills.Who can make a Will in New York?The state legislation requires that the testator(the person making the Will) be at least 18 years old. They must also be ofsound mind.How many witnesses do I need?A New York Will You must have at least two witnesses. They must be18 years of age or older. Never use a beneficiary or any other person you’vementioned in the Will as a witness. If you do, your Will is still valid,however any appointment or gift made in favor of that person becomes void. It’salways best to use two non-interested independent persons to witness your Will.What is probate?Once the testator dies, the Will must bevalidated by the court in order for it to be effective (this is calledprobate). Usually the executor starts the process by filing a petition askingthe court to probate the Will. The applicant must provide proof that the Willwas signed properly, usually with the written affidavit of one of the attestingwitnesses.What does self-proving my Will mean?This gives your Last Will and Testament a betterchance of being accepted to probate. In order to self-prove a New York Will,the subscribing witnesses must sign affidavits before an office authorized toadminister oaths. A testator should have the witnesses sign these self-proveaffidavits at the same time as signing the Will.The affidavits have the same legal effect as thoughthe witness testimony was given in court (unless someone raises an objection tothe Will). This becomes very useful, especially if any of the witnesses havealready died or cannot be located at the time of probate.Who is the executor?The executor is the person who administers yourestate. This means they apply for probate of your Will, notify the appropriatepersons, collect your assets and distribute them in accordance with your LastWill and Testament.If you do not name an executor in your Will, thenthe court appoints an administrator. In New York, the beneficiaries named inyour Will have priority for being appointed. However, if there is noappropriate person able or willing to accept the role, then the administrator couldend up being a stranger. That’s why it’s always best to designate an executorand an alternate executor in your Will (just in case the first-named personcannot act).Can my Will be contested?Yes. A New York Will may be challenged by anyperson who would be disadvantaged if the Will was admitted to probate. Thiswould include your spouse, children and other heirs at law. If you areconcerned that your family may contest your Will after you die, you shouldcontact an attorney to have the document drafted properly and even to include a‘no contest clause’. This clause penalizes any beneficiary who objects to yourWill or issues proceedings against your estate without having probablecause.Making a New York Will may seem relatively simple.However, never take even the smallest issues for granted. A Will is anextremely important document for estate planning purposes. The nature of thedocument and the fact that it doesn’t come into effect until after your deathmakes matters even more difficult. How do you clarify your intention onceyou’re not here? You need to take care and be very clear and specific whendrafting your own Will. If possible, leave the task in the hands of a qualifiedattorney.