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New York Last Will and Testament Template

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The New York Last Will and Testament is a document that is set forth by a testator to provide their wishes with regard to exactly how they would like to see the distribution of their estate to be carried out upon their death. The document will reflect the desires of how their family continues to be cared for in their absence by proper distribution of fiduciary, real estate, personal and other forms of property. This same document may provide for selected organizations, educational institutions, friends and others. The document, upon completion must be witnessed and signed by two witnesses, as well, all signatures must be acknowledged by a state notary public. This document may be changed or revoked at the discretion of the testator.

Definition – § 1-2.19

Guide – Frequently asked questions and a guide to writing a will for New York residents.

Laws – EPT – Estates, Powers & Trusts

Signing (Section 3-1.1) – Signed be at least two (2) Witnesses who shall attest to the testator’s signature within 1 thirty day period and shall affix their residence addresses at the end of the will.

How to Write

Step 1 – Provide ownership of the document by placing the name of the testator at the top of the document, followed by:

  • Name of the testator
  • City of residence
  • County of residence
  • Review of the remainder of the section
  • Reading of  the Expenses and Taxes section

Step 2 – Appointment of the Executor–

  • Testator may enter their chosen executor
  • City
  • County
  • Residential State

Choice of an alternate representative will ensure that there will always be a trusted representative to execute the estate in the manner in which the testator has set fourth in the event that the initially selected representative is, at any point, unable to perform the estate’s distribution- Provide the following:

  • The name of the next selected representative
  • The City
  • The County
  • Executor’s State of residence

Step 3 – Disposition of Property – Beneficiaries:

Beneficiaries  – The following information is required:

  • Name of each beneficiary respectively
  • Provide an address for each beneficiary
  • What is the beneficiary’s relationship to the testator
  • Enter the last four digits of the Social Security Number for all named beneficiaries
  • Provide the description(s) of any property that the testator will gift to each beneficiary

Step 4 – Review all of the titled sections, as follows:

  • Omission
  • Bond
  • Discretionary Powers of Personal Representative
  • Contesting Beneficiary
  • Guardian Ad Litem  Not Required
  • Gender
  • Assignment
  • Governing Law
  • Binding Arrangement

Step 5 – Signatures/Witnesses – Persons who shall serve as signatories, must all be present at the time of the signing of the document. Provide the following:

  • Testator
  • Date the testator’s signature in dd/mm/yyyy format
  • Signature of testator
  • Print the testator’s name in the field provided

Witnesses – Witnesses must review the statement provided an provided:

  • The signatures must be dated – dd/mm/yyyy
  • Name of testator

Witness 1 – 

  • Signature of witness
  • Current Address

Witness 2 –

  • Signature of witness
  • Current Address

Step 6 – Affidavit of Testament – Must be carefully reviewed by all and the following must be provided:

  • The State
  • The County
  • Name of Testator
  • 1st Witness’ name
  • 2nd Witness’ name
  • After which provide:
  • Testator’s own signature
  • 1st Witness signature
  • 2nd Witness signature

Step 7 – Notary Public –The remainder of the document, once all signatures have been witnessed, will be completed by the notary as required.