Most people approach a will as a form to fill out. We approach it as a decision — a series of choices about who inherits, who you trust to carry out your wishes, and how to keep your plan valid under New York law. As will consultants, our work begins before any document is drafted: we help you think through the right plan and the right people, then make sure the instrument is executed correctly the first time.
Morgan Legal Group, led by attorney Russel Morgan, Esq., provides this consultative guidance statewide — for clients in New York City, Long Island, Westchester, the Hudson Valley, and Upstate New York. A will is governed by the same statute everywhere in the State, so the planning principles below apply no matter which county’s Surrogate’s Court will one day handle your estate.
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What “Consulting” on a Will Actually Means
A will is not just a list of who gets what. The harder — and more valuable — questions are advisory:
- Is a will even the right primary tool for you, or should it sit alongside trusts and lifetime planning?
- Who should serve as executor, and who is the backup if your first choice can’t or won’t serve?
- Who should be guardian of minor children, and have you asked them?
- How do you protect a surviving spouse without unintentionally triggering — or ignoring — the spousal right of election?
- How do you keep the will valid under New York’s strict execution rules so it survives a probate challenge?
These are the questions that determine whether a plan works in practice. The drafting is the easy part; the counsel around it is where outcomes are won or lost. See our will-drafting overview for how we translate these decisions into a finished document.
New York’s Will Requirements — The Rules Your Plan Must Satisfy
A New York will must be executed exactly as the statute requires, or it risks being denied admission to probate. Execution and attestation are governed by EPTL §3-2.1. The table below summarizes what the law demands.
| Requirement | What New York law (EPTL §3-2.1) requires |
|---|---|
| Signature placement | The testator must sign at the end of the will (or another person may sign in the testator’s presence and at their direction). |
| Number of witnesses | At least two attesting witnesses are required. |
| Witness timing | Both witnesses must sign within one 30-day period (a rebuttable presumption treats the 30-day requirement as met). |
| Publication | The testator must declare to the witnesses that the instrument is their will. |
| Witnessing | The testator signs in the witnesses’ presence or acknowledges the signature to each witness; witnesses sign at the testator’s request and add their residence addresses. |
Getting these elements right is not optional polish — it is the difference between a document that probates smoothly and one that invites litigation. We walk every client through proper execution; our will execution guide and NY will requirements pages go deeper on the mechanics.
A note on terminology: A “living will” is a separate health-care and end-of-life document — it is not a property will and does not direct who inherits your assets. The two are easy to confuse and serve entirely different purposes. We treat them as distinct planning tools; see living will.
Choosing the Right Fiduciaries — Our Core Advisory Focus
The single most common planning mistake we correct is a poorly chosen executor. Naming someone “because they’re the oldest child” or “because they live nearby” is not a plan. A good fiduciary choice weighs trustworthiness, organization, willingness to serve, geographic practicality, and — critically — family dynamics.
In our consultations we help you:
- Match the role to the person. An executor administers your estate after death; a guardian raises your children. They are different jobs, and the best person for one is not always the best for the other.
- Always name a successor. Your first choice may predecease you, decline, or become unable to serve. A plan without a backup is a plan with a single point of failure.
- Anticipate conflict. If naming one child over another will cause friction, we discuss neutral parties, co-fiduciaries, and how to structure responsibilities to reduce disputes.
- Confirm willingness in advance. Being named is an honor and a burden. We encourage clients to ask before naming.
This is the heart of consultative will planning: the document records your choices, but the counsel shapes them.
What Happens If You Have No Will — Intestacy
If you die without a valid will, you do not get to decide who inherits. New York does. Distribution to your next of kin is governed by EPTL Article 4 (intestacy), which applies a fixed statutory formula regardless of what you would have wanted. That formula may exclude people you care about and include people you’d rather not benefit.
A will lets you override the State’s default. So does proactive planning. Our intestacy / no-will page explains how the statutory distribution works and why a valid will is the cleaner path.
Protecting a Surviving Spouse: The Right of Election
New York does not allow you to fully disinherit a spouse by will. Under the spousal right of election (EPTL 5-1.1-A), a surviving spouse can claim a statutory minimum share of the estate regardless of what the will says. This is a frequent source of surprise in blended-family and second-marriage planning. We factor the right of election into your plan from the start, so your will and your intentions don’t collide with the statute later.
Keeping a Will Current
A will is not a “set it and forget it” document. Marriage, divorce, new children, deaths, moves, and major changes in assets all warrant a review. Sometimes a full rewrite is appropriate; other times a codicil — a formal amendment executed with the same EPTL §3-2.1 formalities as the original will — is enough. Our codicils & amendments page covers when each makes sense.
How We Work
- Consultation. We start with your goals, your family, and your assets — not a template.
- Plan design. We advise on whether a will alone is sufficient and how fiduciaries should be structured.
- Drafting. We prepare a will tailored to your decisions.
- Execution. We supervise signing to satisfy EPTL §3-2.1.
- Review. We revisit the plan as your life changes.
Remember: a will takes effect only at death and must be admitted to probate in the Surrogate’s Court. Planning well now is what keeps that future process smooth.
Schedule your consultation with Russel Morgan, Esq. →
Frequently Asked Questions
How many witnesses does a New York will need?
At least two attesting witnesses. Under EPTL §3-2.1, both must sign within a single 30-day period (a rebuttable presumption treats that requirement as met), sign at the testator’s request, and add their residence addresses.
Where does the testator sign?
At the end of the will. Alternatively, another person may sign for the testator, but only in the testator’s presence and at their direction. The testator must also declare the instrument to be their will (publication).
Is a “living will” the same as a will?
No. A living will is a separate health-care / end-of-life document. It does not distribute your property. A property will is what directs who inherits and is admitted to probate in the Surrogate’s Court.
What happens if I die without a will in New York?
Your estate passes to your next of kin under EPTL Article 4 (intestacy) by a fixed statutory formula — not according to your personal wishes. A valid will lets you decide instead.
Can I disinherit my spouse?
Not entirely. Under the spousal right of election (EPTL 5-1.1-A), a surviving spouse may claim a statutory minimum share regardless of the will. We plan around this from the outset.
Educational information only — not legal advice. For guidance on your situation, book a consultation with Morgan Legal Group. Statutory references: New York Estates, Powers and Trusts Law (EPTL) §3-2.1, Article 4, and §5-1.1-A — see the New York Senate and New York Courts.
Further reading from Morgan Legal Group: New York will execution requirements.