Frequently Asked Questions About Making a Will in New York City

Every New Yorker should have a will. Making a will is not difficult. But it is important to understand the basic components and requirements of a will beforehand. Here are some answers to common questions our office receives about making a will in New York.

Can Anyone Make a Will?

Any person who is at least 18 years old and “of sound mind and memory” can make a will.

What Can I Do with a Will?

The primary function of a will is to dispose of your real and personal property upon your death. You do this by designating one or more beneficiaries in your will to inherit your property, as well as by nominating an executor to manage your estate and carry out your instructions. If you want to leave your entire estate to a single person, such as your spouse, you can even name them as both the beneficiary and the executor.

Can I Use a Will to Name a Guardian for My Children?

Yes. A will allows you to name both a personal guardian to assume custody of your minor children as well as a person to manage any property that you leave those children. Keep in mind, a court will only appoint a guardian for your children if the other parent or legal guardian does not survive you.

Does My Will Have to Be in a Particular Format?

A will needs to be in writing, ideally as a printed document. You cannot leave an audio or video recording as a valid will.

Does My Will Need to Be Witnessed?

You must sign your will in the presence of at least two witnesses. The witnesses must be adults of sound mind and they should not be anyone who stands to inherit under your will (or the spouse of such a person). Ideally, both witnesses should sign your will in your presence at the same time. But New York law does allow a witness to sign a will up to 30 days after execution. And while not legally required, it is also a good idea for both you and your witnesses to sign a notarized affidavit attesting to the fact you have executed your will. This “self-proving affidavit” can make it easier to prove the validity of your will when the time comes.

Can I Revoke My Will Later?

Yes. As long as you remain alive, and are of sound mind and memory, you can revoke your will. This can be accomplished simply by destroying your original, signed will, or by executing a new will that contains language revoking all prior wills.

Do I Need to Work with a Brooklyn Wills Lawyer?

The law does not require you to consult with a lawyer before making a will. But it is in your best interest to do so. An experienced Brooklyn wills lawyer can help ensure that your will complies with New York law and effectively represents your wishes.

If you would like to speak with an attorney about making a will, contact Yeung & Associates, PLLC, today at 718-889-7568 to schedule a consultation.