* Age and Capacity: The person making the will (also known as the "testator") must be at least 18 years old and of sound mind and memory. This means they must be able to understand the nature and effect of the document and the property they are distributing.
* Writing and Language: The will must be in writing and must be written in English or another language understandable to the testator.
* Signature: The testator must sign the will at the end (usually at the bottom) in front of at least two disinterested witnesses. The testator's signature can be their full name, initials, or even a mark made with the intention to sign.
* Witness Attestation: The two witnesses must watch the testator sign the will or acknowledge their signature, and they must then sign the will themselves in the presence of the testator and of each other. The witnesses should write their names and addresses beside their signatures.
Additional requirements for specific types of wills:
- Holographic Wills: These are handwritten wills that do not require witnesses. However, they must still be written in English or another language the testator understands and must be dated and signed by the testator.
- Nuncupative Wills: These are oral wills made in contemplation of immediate death. They are only valid for personal property up to a value of $1,000 and must be made before at least two disinterested witnesses.
It's important to consult with an experienced estate attorney to ensure that a will meets all the requirements under New York law.
