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Are holographic wills valid in New York?

In the state of New York, a holographic will may be considered valid only under certain circumstances. A holographic will is a will that is handwritten and not executed in accordance with state law. The holographic will is valid if created by a member of the armed services during actual military or naval service. It may also be valid if the testator accompanies an armed force during actual armed conflict.

Finally, the holographic will may be considered valid if it is created by a mariner while at sea. The will may be considered void if the holographic will is associated with a testator who has been out of the military for at least one year. The same is true for someone who created a holographic will while accompanying an armed force.

Holographic wills are valid for mariners at sea for three years from the time the will was created. If at any time the creator of a valid holographic will loses testamentary capacity, the will may be valid for one year after regaining such capacity. All holographic wills authorized under New York state statutes are subject to such provisions to the extent to which they could be applied consistently with their character.

An estate planning attorney may be able to help anyone who wishes to create a will. If a will is handwritten, the attorney can help create a typed or printed version with witnesses to its creation. Doing so increases the odds that it will be accepted when entered into probate upon the testator's passing. Estate planning attorneys may also be beneficial for those who are considering trusts as a way to convey assets to beneficiaries.

Source: FindLaw, "N.Y. EPT. LAW § 3-2.2 : NY Code - Section 3-2.2: Nuncupative and holographic wills ", December 08, 2014

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