It is difficult to overestimate the importance of a will, especially when it comes to protecting and ensuring a comfortable future for someone close to you. And those living in the state of New York and willing to prepare such a testamentary document can help themselves using our fillable New York last will and testament form available for download. But what does this crucial legal paper represent?
Bequest of the property is a procedure of utmost importance both for the testator and for those to whom they plan to transfer their belongings. This juridical document serves as a written order that grants the right to a unilateral transaction through which an individual can dispose of their property – movable or immovable – after their demise. The essence of the last will and testament is that the estate-leaver makes a decision at present and the inheritors indicated by them will have the right to use their shares of the wealth after the testator is laid to rest. The law declares freedom of the last will.
On the important note, a last will and testament template can be used not only to provide a secure future for your children but also for other purposes. Thus, it is also possible to establish a business continuity plan or set up a testamentary trust to protect your legacy, offspring, or a life partner. Considering all the information mentioned above, you really should draw up a last will and testament. However, what happens if you don’t?
The Consequences of Not Having a Will
If it happens so that a New York resident doesn’t have a last will and testament in New York at the time of their death, the intestacy laws are applied by the analogy with all other states. It entails disrespect for the deceased person’s posthumous wish, but only because of the absence of a written will. As a result, the state decides how to distribute the earthly possessions of the decedent. In the New York, intestacy laws follow these instructions:
- In a situation where an individual doesn’t leave behind kids, but only a marital or domestic partner, the latter becomes the decedent’s assets’ sole successor.
- On the other hand, if a person is survived by their descendants – minor and grown-up children – and doesn’t have a significant other, their offspring will inherit all of their property.
- When the deceased doesn’t have children or a spouse, their parents or siblings become their primary legatees, only the closest blood relatives.
The decedent’s kids are included, but not limited to biological or foster children.
Conditions Making Your Last Will Valid
In case you feel that it’s too difficult for you to make a will on your own, don’t hesitate to use our free New York State will template – a printable PDF file easy to find online on our site. Use it simple and comprehensive layout to your advantage before you ensure to take into account the following requirements:
- The creator of a will, also known as the testator, must be 18 years of age or older and be in their right mind. The one who devises property should make tough calls and draw up a last will and testament voluntarily.
- The estate-leaver has to sign the document personally. In case of their inability to do so, the testator may ask someone else to sign the will for them, only in their presence and under their directions. Mind that this person will need to put their own signature and address on this legal paper.
- Traditionally, at least two witnesses should also sign the testamentary document and provide their addresses. They can do it while being present when the last will is signed by its creator or within 30 days after the will comes into force. It is a way of confirming the authenticity of the testator’s signature and their healthy mental state.
- The list of beneficiaries and inheritors of your heritage is required in your last will. Beneficiaries can be represented by different organizations, individuals, and even the state itself.
Pay attention to the fact that a valid last will and testament is presented only in a written form. To change a will, use a codicil and adhere to the same plan you followed when composing the original. To revoke a last will and testament, make a new one, or destroy the existing legal paper (must be executed only by the creator).
How to Make a Will in New York State
When you write a New York last will and testament, be sure to bear in mind the helpful tips mentioned below:
- Make your last wishes and directives clear by using proper English.
- Provide a detailed description of each asset you bequeath to your legatees. Also, when establishing a trust, be specific.
- Name a legal guardian for your minor children to ensure their future is in good hands. It implies appointing a dependable, trustworthy person, mostly because the official guardian can control your descendants’ inheritance until they are adults.
- Allocate the executor of your last will. This individual should also be someone you can entrust the execution of your last wishes and instructions.
- Create contingency plans. Set out your contingency plans so that there are several “ways out” if a person assigned to do something passes away early.
Wherever you live in the State of New York, once you are ready to make a last will and testament, feel free to use our top-quality New York last will and testament form.