Writing Your Will in New York

To create a will in New York, the person creating the will (known as the testator) must be able to:put their will in writingunderstand the meaning of the documentbe free of undue influence or duress, andsign it in front of two witnesses.A will remains in full effect until a new will replaces it or it is revoked. Written amendments to the will in the form of codicils require the same signing and witness formalities as a will. The state of New York recognizes holographic wills made by people in the military in certain circumstances. A holographic will is one written in the testator's handwriting but not signed by any witness. See our interactive map on holographic wills for more information. Oral wills are recognized under certain circumstances in New York.Limitations on Wills in New YorkIn New York, a surviving spouse has a right to either accept the gift under a will or choose to take…