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Rules to creating a valid will

On Behalf of | Jun 30, 2020 | Firm News |

The first part of a solid estate plan is a will. This document spells out your wishes and explains what you want to happen with your assets when you die. It provides a legal basis for the distribution of your assets during the probate process. If you die without a will, state law directs the distribution of your estate according to a section of law called “the poor man’s will.

If you want to ensure that the state follows your wishes after your death, then you need to create a will. However, because this is a legal document, you need to be sure that your will will meet all the legal requirements when creating it. If you do not, then the court may find it invalid and therefore require that your estate be distributed follow out and not honor your wishes.

Must sign

According to the New York State law, you must sign your will with your own hand in front of at least two witnesses. If you cannot do this, you can direct another person to do so, but you must be present at the time of the signing. If you cannot do this, you can direct another person to do so, but you must be present at the time of the signing.

Your witnesses must also sign the will within 30 days after you sign it. They must also do so in front of a notary, who will validate their signatures. A witness signature indicates that that person watched you sign the document and that you did so under your own free will, were competent to make a will and were aware you were signing such an important document

You need to put your will in writing, which includes typing and computer printing. However, you want to have the physical original of the legal document carefully preserved in order to have it available to submit to the court. There are additional rules relating to witness requirements and conditions of the will execution to ensure validity.

Altering the signed will can make it void. Altering includes anything that changes it from the original state, such as removing staples. If altered, you must include a notarized statement about the changes, why they were made them that nobody made changes to the material in the will.

Creating a legal will is important to ensure that the state honors your wishes when you die. It is essential that you make sure any will you create follows the legal requirements.