In New York, a will (a “last will and testament”) and a living will are two entirely different documents that solve two entirely different problems. A will controls who inherits your property after you die and only takes effect at death, when it must be admitted to probate in the Surrogate’s Court. A living will, by contrast, is a health-care
A will is invalid in New York when it fails to meet the strict execution formalities set out in the New York Estates, Powers and Trusts Law (EPTL) §3-2.1. The most common defects are simple but fatal: fewer than two attesting witnesses, a testator who did not sign at the end of the document, a failure to declare the instrument
If you have recently married, divorced, or welcomed a new child in New York, you should update your will as soon as you reasonably can — and in most cases, you should not wait. A major life event changes who depends on you, who you want to inherit, and who you trust to manage your affairs, but your existing will
To choose an executor for your New York will, identify a trustworthy, organized adult who is willing to serve, confirm they are eligible to act in the Surrogate’s Court, name at least one alternate in case your first choice cannot serve, and have a candid conversation with them before you sign. The executor is the person who will carry out
No — a will does not avoid probate in New York. This is one of the most common and costly misunderstandings in estate planning. A last will and testament is, in fact, the document that triggers probate: under New York law, a will takes effect only at death and must be admitted to probate in the Surrogate’s Court before your
Yes — in New York you can disinherit most people in your will, including adult children, siblings, friends, and other relatives. There is one major exception: you generally cannot fully disinherit a surviving spouse. Under New York’s spousal right of election (EPTL 5-1.1-A), a surviving husband or wife can claim a minimum share of your estate no matter what your