What Makes a Will Legally Valid in New York?
A will must meet certain execution requirements to be valid under New York Estates, Powers and Trusts Law (EPTL) § 3-2.1. These include:
- Age and capacity. The testator must be at least 18 years old and of sound mind.
- In writing. The will must be a physical, written document.
- Signed at the end. The testator must sign at the logical end of the document.
- Witnessed. The testator must sign or acknowledge their signature in the presence of at least two witnesses.
- Declared (published). The testator must explicitly declare to the witnesses that the document is their will.
- Signed within 30 days. Both attesting witnesses must sign the document within 30 days.
Many wills include a self-proving affidavit under SCPA § 1406, which witnesses sign before a notary. This affidavit can spare them from testifying about the signing years later. Our attorneys can supervise the signing, follow each formality, and prepare the self-proving affidavit simultaneously to lock in your final wishes and protect your estate from costly procedural challenges down the road.
Is a Handwritten or Online Will Valid in NY?
A handwritten (holographic) will that is not properly witnessed is generally invalid. The law makes narrow exceptions for members of the armed forces during a conflict and mariners at sea (EPTL § 3-2.2).
Online will templates raise a different problem. The wording may be fine, but many fail because they were not signed and witnessed as state law requires. New York enacted an Electronic Wills Act in December 2025, but it is not yet in effect. Until it is, a valid will must be signed on paper in the physical presence of witnesses.
Our attorneys can provide the precise oversight needed to prevent your will from being rejected during probate.
Can You Disinherit a Child or Spouse in a Will?
State law allows a parent to disinherit an adult child, but it requires explicit, unambiguous language within the will. Leaving a child out without explanation can invite claims that the omission was a mistake or the result of undue influence.
A spouse is different. A surviving spouse typically has a right of election under EPTL § 5-1.1-A to claim a share of the estate, even if left out of the will, unless that right was waived (such as in a prenuptial agreement). A child born after the will was signed may also receive a share by law if the will does not address them (EPTL § 5-3.2).
Our attorneys focus on drafting deliberate language that reflects your decisions and reduces the risk of future challenges. We draw on our extensive family law experience to review prenuptial agreements and help families plan for future children as needed.
Careful Guidance When an Aging Parent Wants to Create or Update a Will
When an aging parent decides to create or update a will, adult children often worry about their legal capacity to sign. The legal standard for "testamentary capacity" is lower than many families expect.
A testator simply needs to understand the nature and extent of their property, recognize their natural heirs, and comprehend that the document they are signing dictates how that property will be distributed.
A diagnosis of early-stage dementia or cognitive decline doesn’t automatically strip a parent of their right to make a will. However, these situations require immense care to protect the document from future challenges.
Our guardianship and mental health practice makes us uniquely qualified to work with clients facing cognitive changes. We take deliberate steps to establish capacity, which typically involves meeting privately with the parent to confirm their independent wishes, free from outside influence.
When Should an Existing Will Be Updated?
A will reflects your life at the moment it was signed, and major changes can leave it outdated. Below are some important reasons to update a will:
- Marriage or divorce
- A relocation from another state
- The birth or adoption of a child or grandchild
- The death of a named executor, guardian, or beneficiary
- The sale of property named in the will, or a significant change in assets
For a small change, such as replacing an executor, a codicil (a formal amendment) may work. A codicil must be signed with the same formalities as a will. For broader changes, a new will is usually clearer and avoids conflicting documents.
If you relocated from another state, your will is likely still valid here. However, a review can address key differences in state law. Our lawyers can review your current will and recommend the most effective approach for your situation.
Trial-Tested Litigators for Contested Wills & Disputes
Not every will is accepted without question. Family members may claim the testator lacked capacity, was pressured by someone close to them, or didn’t sign the will properly. In our experience, many will contests trace back to the same issues: unexplained unequal gifts, a beneficiary who was heavily involved in the planning, or a signing with little documentation.
Unlike firms that focus only on drafting documents, our attorneys are experienced courtroom litigators who handle these disputes in Surrogate’s Court. When a dispute arises, we represent executors defending a will and family members raising legitimate objections, from pre-objection examinations through trial. Our appellate practice allows us to continue the case on appeal if needed.
Helping Families Protect What Matters Most Since 2000
Since 2000, Sholes Miller Rodriguez & Brown, PLLC has provided trusted counsel to individuals navigating life's most significant transitions. We understand that estate planning is deeply personal, which is why we prioritize direct attorney access, rapid communication, and practical solutions over confusing legal jargon. When you partner with our team, you receive clear answers and diligent administrative support. We take the burden of complex drafting off your shoulders so you can focus on what matters most.
Protect your assets and loved ones with strategic counsel from our knowledgeable will attorneys. Contact us online to discuss your case.
