Can You Handwrite a Will in New York?
📌 The Truth About DIY Wills in New York
In moments of urgency or privacy, many people consider handwriting their own will—a document that lays out their final wishes without the formality of lawyers or witnesses.
But in New York, a handwritten will (also known as a holographic will) is rarely valid—and often leads to confusion, conflict, or court rejection.
At Alatsas Law Firm, we frequently review DIY wills brought in by Brooklyn families that are partially valid—or entirely unenforceable. Here's what you need to know before trying to write your will by hand.
🖊️ What Is a Holographic Will?
A holographic will is a will that is:
- Entirely handwritten by the testator (the person writing the will)
- Signed by the testator
- Often not witnessed or notarized
While some states accept handwritten wills as valid under limited conditions, New York law does not generally allow them—unless very specific requirements are met.
⚖️ Are Handwritten Wills Legal in New York?
No, not usually.
Under New York Estates, Powers and Trusts Law (EPTL) § 3-2.2, a holographic will is only valid if it is:
- Entirely in the testator’s handwriting
- Signed and dated
- Made by one of the following individuals:
- A member of the armed forces during actual military service
- A mariner at sea
Even then, the will is valid for only a limited time:
- 1 year after discharge from the military
- 3 years after the mariner returns from sea
🔗 What happens if you die without a valid will in New York? »
❌ What Happens If You Write a Will By Hand Without Legal Support?
Common issues we see in handwritten wills include:
- Lack of witnesses or proper signatures
- Ambiguous or unclear language
- Failure to revoke previous wills
- Improper disinheritance of family members
- Missing residuary clauses (what happens to everything else?)
- No executor named
These flaws often result in:
- Probate court rejecting the will
- Intestacy laws overriding your intentions
- Costly litigation among heirs
- Delayed asset distribution
🧠 Real-Life Brooklyn Case Study
Grace, a retired librarian in Windsor Terrace, handwrote her will on notebook paper. She named her goddaughter as her sole beneficiary.
After her passing, the court ruled the will invalid because it lacked proper witnessing and didn’t revoke her older typed will from 10 years ago. As a result, the estate was divided among distant cousins under intestacy law.
🛡️ What Makes a Will Valid in New York?
To be legally valid, a New York will must:
- Be in writing (typed or handwritten)
- Be signed at the end by the testator
- Be witnessed by at least two people
- Be signed by the witnesses within 30 days of each other
- Include an attestation clause, if possible
We also recommend adding a self-proving affidavit signed in front of a notary—this simplifies the probate process.
🔗 Should you use a will or a trust to avoid probate? »
✅ Better Alternatives to Handwriting Your Will
✍️ 1. Work With an Estate Planning Attorney
We help you:
- Draft a clear and customized will
- Ensure it meets all legal formalities
- Protect against family conflict or fraud
- Coordinate your will with trusts, deeds, and beneficiary designations
💻 2. Use an Attorney-Approved Digital Drafting Process
If you prefer to start online, we offer:
- Remote consultations
- Digital document review
- Secure video witnessing (when applicable)
🔐 3. Include All Necessary Documents
A complete estate plan should include:
✅ Will
✅ Health Care Proxy
✅ Power of Attorney
✅ Living Will
✅ HIPAA Authorization
✅ Trusts (if applicable)
💬 Client Testimonial
“I thought a handwritten will would be enough. Teddy explained the risks and helped me draft something that actually protects my kids and my wishes.”
— Carlos V., Marine Park
⚠️ Handwritten Wills Can Do More Harm Than Good
Even if your intentions are clear, a handwritten will in New York may:
- Delay your estate
- Be contested in court
- Be entirely ignored
- Increase probate costs for your family
⚖️ What Alatsas Law Firm Can Do for You
We help Brooklyn and NYC-area residents:
✅ Draft enforceable, valid wills and trusts
✅ Avoid mistakes common in handwritten or DIY wills
✅ Ensure your assets go to the right people
✅ Prevent unnecessary court involvement
✅ Provide peace of mind for you and your family
🔗 Explore our estate planning services »
🏁 Don’t Leave Your Legacy to Chance
Handwriting your own will might seem easy, but in New York, it rarely works—and often backfires.
Let us help you create a proper, personalized will that protects your loved ones and your intentions.
📞 Call (718) 233-2903 or
🔗 Schedule a will consultation at Alatsas Law Firm »
