Free Sample Will Form for New York, NY

You can download the free sample New York Will Form here

Read the Instructions and Warnings Carefully!

If you would rather have an attorney draft your will, you can send us an email at [email protected].

Instructions for Using the Free Sample New York Will Form

The person making the will has to say to the witnesses: “This is my Will.”

The person making the will must sign in the presence of the witnesses – the witnesses must see him/her sign.

Witnesses must sign in the appropriate spaces.

WARNINGS!

Even if you think you are using this NYC will form the right way, it still may not work and it’s not guaranteed to work. Best hire a New York estate attorney and get it done the right way.

This is a form for the simplest NY Will possible. Only use this sample New York Will form in very small and very simple estates and when you are absolutely sure that the Will is not going to be contested.

This form only works to give your entire estate to one person. If you’re going to modify this form to do something else, it may not work the way you expect it to.

You are taking a risk – without the advice of an estate attorney, the Will may not work the way you expect and may not stand up to a Will challenge if one is ever brought.

You can only use this sample will form for yourself. Using it for someone else constitutes unauthorized practice of law and is illegal and can subject a person to criminal penalties.

We realize that you are looking for a free New York will, but using one without an attorney is not a good idea. It is our belief that you need a lawyer to make a will.

LATER CHANGES

Any changes you make to the will after it gets signed in front of witnesses will not be valid – you’ll need to make a new Will.

No support is provided for this form. Use it at your own risk.

If you would like to make a will, we at the Law Offices of Albert Goodwin are here for you. We have offices in New York City, Brooklyn, NY and Queens, NY. You can call us at 212-233-1233 or send us an email at [email protected].

What a Real New York Will Should Include

This downloadable form covers the bare minimum — identification, a single bequest, signatures, and witness attestation. A will that an attorney would actually prepare for you covers substantially more ground. The standard package generally includes the following sections:

• Identification and revocation clauses. Identifies the testator with full legal name and address, declares the document to be a will, and revokes all prior wills and codicils.
• Family disclosure. Identifies the testator's spouse, children, and grandchildren. This helps interpretation and creates evidence of testamentary capacity if a contest arises later.
• Funeral and burial wishes. While not legally binding in New York, these provisions guide the executor and family.
• Specific bequests. Gifts of particular property or amounts to particular people. The clauses must address contingencies — what happens if the named recipient does not survive, and what happens if the specific property is no longer owned.
• Tangible personal property clause. Often references a separate written memorandum that the testator can update without re-executing the will.
• Residuary clause. Disposes of everything not specifically given. This is the heart of the will for most testators.
• Contingent provisions. What happens if the primary residuary beneficiary does not survive. Many cases turn on the contingent clauses because the primary beneficiary did not in fact survive.
• Executor and guardian nominations. Names the executor, a backup, and (if there are minor children) a guardian and backup guardian.
• Trustee nominations. Names the trustee for any testamentary trust created in the will, with backups.
• Tax apportionment. Directs how estate taxes are to be paid — from the residue, from specific bequests, or apportioned among beneficiaries.
• Powers clause. Grants the executor specific administrative powers that supplement the statutory powers.
• In terrorem clause. If desired, disinherits anyone who contests the will.
• Attestation and witness signatures. The formal close of the will.
• Self-proving affidavit. Notarized statement from the witnesses confirming the formalities, which simplifies probate.

What Goes Wrong With Form Wills

The form wills we see come up in probate disputes share a few recurring problems:

• Failed witness attestation. The witnesses signed in different places, did not actually observe the testator sign, were not present when the testator declared the document to be a will, or signed on different days more than 30 days apart. EPTL § 3-2.1 requires specific formalities, and even small deviations can support a contest.
• Beneficiary as witness. A beneficiary who serves as a witness to the will faces having their gift voided or reduced under EPTL § 3-3.2. Form users sometimes select witnesses without understanding this rule.
• Ambiguous identification. Beneficiaries are identified by first name only, by a nickname, or by a vague description like "my favorite niece." When the will gets read after death, the reader cannot tell who was meant, and ambiguity proceedings follow.
• Outdated relationships. The form was filled out years ago naming a spouse who is now an ex-spouse, a parent who has since died, or a beneficiary the testator no longer wants to receive anything. Wills should be reviewed periodically.
• Property the testator does not own at death. A specific bequest of property the testator later sold or transferred fails under the doctrine of ademption. Form users sometimes describe assets in ways that no longer match what they own.
• Failure to coordinate with non-probate assets. The will does not control retirement accounts, life insurance, joint accounts, or trust assets. A form will that purports to leave an IRA to one person while the beneficiary designation says someone else does not change the beneficiary designation. The beneficiary designation wins.
• Tax exposure not addressed. For an estate over the New York exclusion, or for someone with substantial life insurance, retirement assets, and other resources, the absence of tax planning in the will can produce a large and unnecessary tax bill.

When a Form Might Be Enough — and When It Is Not

A form like the one on this page can produce a valid will in the narrowest case: an unmarried individual with no children, a modest estate, one primary beneficiary, no anticipated dispute, and willingness to redo the will whenever life changes. For that narrow case, the form may work.

For almost anyone else, the form is not enough. Married individuals, parents, business owners, real estate owners, anyone with substantial retirement assets, anyone with a beneficiary who has special needs, anyone with a blended family, anyone with federal or state estate tax exposure, and anyone who anticipates a contest from any family member all need a will drafted by an attorney who understands the situation.

One more issue with downloadable forms is storage. The original signed document is what gets probated — a copy is not enough unless the original is lost and its proponent can meet the strict requirements for proving a lost will. If you use a form, store the signed original somewhere safe and make sure your executor knows where to find it.

New York Statutes That Can Defeat a Form Will

Beyond the witnessing formalities, several New York statutes can change the outcome of a simple will in ways the form does not warn about:

• Signature at the end (EPTL § 3-2.1). The testator must sign at the end of the document. Anything written below the signature may be disregarded by the court, so nothing dispositive should ever appear after the signature line.
• Intestacy fallback (EPTL § 4-1.1). If the only named beneficiary dies before the testator and no alternate is named, the estate passes by intestacy to the testator's closest relatives under the statute — not where the testator intended. Always name a contingent beneficiary.
• Executor disqualification (SCPA § 707). Certain people cannot serve as executor, including convicted felons and, in some circumstances, non-domiciliary aliens. Naming a disqualified executor with no successor leaves the court to appoint someone else.
• Spousal elective share (EPTL § 5-1.1-A). A will cannot effectively disinherit a surviving spouse. The spouse can elect against the will and take a statutory share of the estate regardless of what the will says.
• Handwritten wills (EPTL § 3-2.2). Holographic wills — handwritten wills not executed with the statutory formalities — are generally not valid in New York, with narrow exceptions for members of the armed forces and mariners at sea.

Why the Self-Proving Affidavit Matters at Probate

A self-proving affidavit is a notarized statement signed by the testator and both witnesses at the same time the will is signed. Under SCPA § 1406, a will accompanied by a properly executed affidavit can generally be admitted to probate without locating the witnesses years later to testify. Without it, the executor must track down the original witnesses at the time of probate — and if a witness has died, moved, or cannot be found, the estate faces additional cost and delay. The affidavit costs nothing extra to include; it only requires a notary present at the signing.

Where to Keep the Original Will

Only the original signed will is probated. A copy is generally insufficient unless a lost-will proceeding proves both the will's contents and its validity — an expensive and uncertain process. Options for storing the original include:

• Home safe — free and convenient, but vulnerable to fire and theft.
• Safe deposit box — secure, but can create access problems after death if the box is in the decedent's sole name.
• Attorney's office — many attorneys hold original wills for their clients.
• Surrogate's Court deposit — under SCPA § 2507, the Surrogate's Court will accept an original will for safekeeping during the testator's lifetime for a small fee.

Whichever option you choose, make sure your named executor and at least one family member know where the original is kept.