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What makes a will valid in New York?

| Oct 24, 2019 | Estate Law And Asset Protection |

Because of the general importance of an estate plan and a will to an estate plan, it is essential that a will is valid and that the estate planner is familiar with the requirements for a will to be valid. As such, estate planners should ensure they are familiar with how to draft and properly execute a valid will.

The requirements for a will to be valid vary by state, so it is important for estate planners to be familiar with the requirements for a valid will in their state. Estate planning allows the estate planner to make several important decisions for how they want things handled, including how they want their property to be divided, who they want to watch over their minor children and who they want to administer their estate.

The first requirement to execute a valid will is for the estate planner to be of legal age to execute a will which is 18 in most states. In addition, the estate planner must have testamentary capacity to execute a valid will which means that they understand that they are making a will and its effect; understand the nature and extent of their estate; and that they understand that they are disposing of their property and assets in the will. They must also intend to create a will that disposes of their property and must voluntarily do so.

Lastly, there are typically signature and witness requirements that also vary by state, so estate planners should be familiar with those requirements in their state. Having a valid will is important for estate planners which is why they should understand how to ensure their will is valid and that it accurately reflects their wishes and desires.

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