A will is a document that a person uses to leave their assets to their loved ones. It is a crucial document that dictates how your property will be divided. However, for it to work, it must be executed appropriately. This is the only way that it can honor the wishes of the person that has passed away, and ensure that the ones left behind are taken care of. There are several rules in New York that they will need to abide by to ensure its proper execution once the testator passes on. Read on to find out more…
How Do You Execute A Will In New York?
First thing, the testator or the person writing the will must be at least 18 years of age. Contrary to this, the will is declared invalid. Also, they need to be of sound mind and memory.
For a will to be correctly executed, the person making the will must ensure that they sign at the end of the document. Note that any information that is below the signature line will be ignored by the court, therefore, ensure that all the crucial details are above the signature line. It is also recommended to provide your address when signing the document, though this will not invalidate it in any way if you choose not to. If the testator cannot sign the document by himself or herself, he can direct someone to do so in their name. However, it should be someone that is trusted, and there should be evidence that they are doing it on your behalf.
According to New York laws, you will need two witnesses for the signature. They will need to be there when the testator signs or acknowledge that the one who has signed is the testator. These witnesses will need to sign their names on the will within 30 days of each other. This means that they do not need to sign it at the same time as the testator, or each other. Also, they do not need to know each other or have met before. However, the witnesses should not be beneficiaries of the will; otherwise, it will be questionable.
The testator will need to tell each witness that the document that he or she has signed is their will. They will need to make it clear to the witnesses that it is a will and not any other document. This will ensure that they know what they are signing to ensure that the will is executed correctly.
Knowing how to execute a will in New York is crucial as it will ensure that the will can be admitted to probate. Also, it will prevent a will contest by the beneficiaries, which can turn ugly, and no one wants that. With the above information, you are better placed to ensure that you follow the rules needed. If you have any questions, contact your lawyer, and they will advise you extensively on these matters, and all your concerns.
The best way is to always have a knowledgeable New York Estate Lawyer by your side to make sure that things have been executed properly.