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Elder Planning Isn't Just For The Elderly

New York offers important pointers about preparing your will

On Behalf of | Jan 4, 2022 | Estate Planning

When you are ready to create your will, remember that the state of New York has specific rules for you to follow.

You should also pay attention to one particular tip in order to avoid a misstep that could invalidate this important document.

Writing your will

A last will and testament, often simply called a will, must be in writing and, as the testator or maker of the will, you must sign it. If you are unable to sign, another person can affix your name to the document while in your presence, then add his or her name and residence address. However, that person cannot be one of the witnesses to the signing.


For your will to be valid, New York law requires at least two attesting witnesses. Witnesses are often present at the signing. However, they can also attest to your signature as testator within 30 days of the signing. They must also add their residence addresses at the end of the will. It is your obligation to declare to each of the witnesses that the document you signed is, in fact, your will.

About the staples

In the state of New York, anyone who is at least eighteen years of age and of sound mind may create a will. Your will shows how you want to dispose of your property and, if applicable, who you wish to be guardians of your children in the event of your death. Considering the importance of this document, you must ensure that it meets all the New York requirements. To that end, there is one unusual tip: Do not remove the staples if you are making copies. To do so will invalidate the will.


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