A holographic Will is one which is completely handwritten and without witnesses. A nuncupative Will is one that is not written down, but in effect recorded or spoken aloud with at least two witnesses present. There are very limited exceptions to the requirements above. Depending on how the Will is written, blood relatives rarely qualify as legally sound witnesses. The wrong witness will irretrievably invalidate the will. The witnesses cannot be a beneficiary under the will. A Will must be signed by the testator (drafter) and witnessed by two individuals who are at least 18 years of age. Unlike some other states, New York requires a Will be in writing. In New York, pursuant to Section 3-1.1 of the Estates, Powers and Trusts Law, anyone at least 18 years of age and of “sound mind and memory” can create a Will. This is usually not the desired outcome – especially when you have minors or children from a previous relationship. This means if you are married with children of any age, your spouse gets the first $50,000 of your assets and shares the rest 50/50 with your children. Your estate would be distributed in strict accordance with New York’s intestacy statute. In such a scenario, it is as if you never made a will. Failure to follow such requirements will result in the Surrogate’s Court rejecting the Will as invalid. New York law sets forth specific requirements for a legally valid will. A Last Will and Testament allows you to direct where your assets go at your death and who will be legally in charge of the estate.