Full question:
My uncle, who is in the armed forces, was killed in a recent combat. The military sent a handwritten will with my uncle’s body which contained his signature and was attested by two of his subordinates. Is such a will valid?
- Category: Wills and Estates
- Date:
- State: New York
Answer:
In New York, special rules apply to wills made by military personnel. A handwritten will, known as a holographic will, is valid if it meets certain requirements. According to N.Y. Est. Powers & Trusts Law § 3-2.2, a holographic will is valid if:
- It is written entirely in the handwriting of the testator (the person making the will).
- It is made by a member of the armed forces during actual military service.
This type of will does not need to follow the usual formalities of execution and attestation, as long as it is created while the person is serving in the military. However, such a will becomes invalid one year after the individual is discharged from the armed forces. If the will was made while your uncle was in active service and meets these criteria, it should be considered valid.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.