You may consider yourself “old-fashioned” and not necessarily tech-savvy. And with that, you may prefer to handwrite your Last Will and Testament document rather than typing it out using a computer. At the same time, you may favor working independently and saving the cost of hiring legal aid to establish this document. With all of these considerations, you may strongly lean towards the alternative method of a handwritten will, formally known as a holographic will. Well, please follow along to find out whether a handwritten will is a valid estate planning option and how a proficient Putnam County wills attorney at the Law Office of Andres D. Gil, PLLC, can guide you on what to do.

Is a handwritten will a valid option in New York State?

Contrary to most states, New York is rather strict when it comes to whether or not a handwritten or holographic will should be considered legally valid and enforceable. Usually, the New York State Surrogate’s Court only accepts those that come from testators who are members of the armed forces in active combat or mariners at sea. Even then, the court expects the following requirements to be met:

  • The will must be in the testator’s own handwriting, which must be clear and legible.
  • The will must have been signed by the testator in the presence of two witnesses.
  • The will must have been signed by two witnesses in the presence of the testator.
  • The will must have been signed by the testator while they were of sound mind.
  • The will must be attested by the two witnesses in court or accompanied by a self-proving affidavit.

What happens if my handwritten will is invalidated?

After learning these explicit conditions for a handwritten or holographic will, you may resign to the fact that it may not be worth the risk. At the very least, even if it is considered legally binding, you may make your handwritten will vulnerable to protests of invalidity from your loved ones. The last thing you may want is for your beneficiaries to dispute and deal with the headache of estate litigation proceedings at this time of mourning.

In a worst-case scenario, though, the New York State Surrogate’s Court may outright deem it invalid and unenforceable. In doing so, they may ignore the wishes you attempted to express and rather administer your estate’s property and assets based on state intestacy laws. Specifically, your estate may be passed down to your surviving spouse first, then your surviving children, parents, siblings, and more distant relatives, in that order.

We plead with you that there is no harm in asking for help to ensure you create a legally sound Last Will and Testament document, even if you are still remotely interested in a handwritten or holographic one. So, if you desire more clarity before writing down or speaking on your will, please do not wait any longer to reach out to a talented estate planning attorney in Putnam County. Retain the services of the Law Office of Andres D. Gil, PLLC, today.