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New York Last Will and Testament Template

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New York Last Will and Testament Template

Updated November 14, 2023

A New York last will and testament is an estate-planning document that directs how a testator’s (person to whom the will belongs) real and personal property, fiduciary funds, digital assets, and other financial accounts will be distributed after their death. Testators can select designated beneficiaries on their will and stipulate detailed instructions regarding the portion of the estate each is entitled to receive.

Signing Requirements

Must be signed by at least two witnesses who must attest to the testator’s signature within a 30-day period and attach their residential addresses at the end of the will.[1]

State Definition

Will” is an oral declaration or written instrument, made as prescribed by 3-2.1 or 3-2.2 to take effect upon death, whereby a person disposes of property or directs how it shall not be disposed of, disposes of his body or any part thereof, exercises a power, appoints a fiduciary or makes any other provision for the administration of his estate, and which is revocable during his lifetime. Unless the context otherwise requires, the term “will” includes a “codicil”.[2]

Related Forms

Advance Directive

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Durable (Financial) Power of Attorney

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  1. N.Y. EPTL § 3-1.1(a)(4)
  2. N.Y. EPTL § 1-2.19(a)