Legal Question in Wills and Trusts in New York
legal form of wills
Dear Sirs,
I would like to know which conditions and formalities are necessary for drafting a will in the State of New York. A relative of mine wrote a will in 1962 in New York City and I need to know if it is valid.
Thank you for your help.
Best regards
PS Can you reply by e-mail?
3 Answers from Attorneys
Re: legal form of wills
A Will must be in writing, signed at the end by the testator and at least two witnesses who have been asked by the testaor to act as witnesses to the signing of the Will must sign the document. The testator must be over the age of 18, able to communicate in English and of sound mind.
Not very diffcult.
Re: legal form of wills
The simple answer is that if it was valid in 1962, its valid today so long as it has not been renounced or replaced. Of course, there may be beneificiaries mentioned who have predeceased the will or property mentioned that no longer is owned by the testator, so it wouldn't be a bad idea to update the will to conform with the estate as it exists now. For a more in depth review, it may pay to speak to a trusts and estates lawyer.
Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.
Re: legal form of wills
Person must be competent, need 2-3 witnesses and best if notarized to conform to self-proving requirements (otherwise a witness would be needed for probate). Old Will may still be good, but will not meet the self-proving requirements. You can either do a new Will or republish by reference (like an amendment) either of which, if meets the self-proving requirements will simplify probate. I can assist you if necessary.