Legal Question in Wills and Trusts in New York

A will is not in effect until someone dies. Therefore, regardless if someone (an executor) is holding a will, the testator (will maker) is always free to revoke the existing will and create a new will with whatever bequests or dispositions they wish.

If your questions is if an executor can hold a will when the testator wishes it to be returned to them, that would be answered in the same way as any other property that may be held by someone else. If someone has your television or any other property, you have a right to it because it is yours.

If your question is if an executor holds a will and someone BESIDES the testator wants to see it/have it, that is up to the testator, and the executor is perfectly right in not releasing it unless the testator authorizes him/her to do so.

Please feel free to call our office if you have any specific questions about your particular situation.