New York Will Execution Requirements: EPTL § 3-2.1

Valid Will Formalities in New York

Under New York Estates, Powers and Trusts Law (EPTL) § 3-2.1, a Last Will and Testament is valid only if all the following are met:

Core Requirements

1. Testator Capacity: ≥18 years old, "of sound mind and memory" — understands nature of act, property, natural beneficiaries.
2. Written Instrument: Must be in writing (typed or handwritten). English or language testator understands.
3. Signature: Testator signs at the end (or acknowledges prior signature) in presence of witnesses. Signature = name, initials, or mark with intent.
4. Two Attesting Witnesses:
   • Must be disinterested (not beneficiaries).
   • Must see testator sign or acknowledge signature.
   • Must sign themselves in presence of testator and each other.
   • Should write names & addresses.

Special Will Types

• Holographic Will: Entirely handwritten, signed, dated by testator. No witnesses required. Valid only if made in NY or by NY domiciliary. (EPTL § 3-2.2)
• Nuncupative (Oral) Will: Only for personal property ≤ $1,000, made in "imminent peril of death" (military/maritime), before 2 disinterested witnesses. (EPTL § 3-2.2)

Common Pitfalls

• Witness is beneficiary → gift to witness void (unless supernumerary witness).
• Signature not at end (e.g., middle of page).
• Witnesses sign before testator or not in each other's presence.
• Electronic/digital wills — not valid in NY (except military emergency).

Self-Proving Affidavit (Recommended)

Witnesses sign notarized affidavit at execution (EPTL § 3-2.1(a)(4)). Avoids locating witnesses at probate.

Revocation & Amendment

• New will (expressly revokes prior).
• Physical destruction (by testator/directed).
• Codicil (amendment) — same formalities as will.

Disclaimer: This is legal information, not advice. NY estate law is nuanced. Consult a NY-licensed attorney.