NUNCUPATIVE WILL
According to laws that govern wills in New York, it requires that the testator should be at least 18 years old and is of sound mind. The law in New York recognizes nuncupative wills. However, they should have been made by members of armed forces while in the actual military or naval service during a war or other armed conflict (FindLaw, 2020). nuncupative will should be signed at the end by a testator, or it should be acknowledged in the presence of two attesting witnesses. Thus, the witnesses are required to attest to the testator’s signature within 30 days. If the testator requests the witnesses to sign their name and residence address at the end of the will, then they are supposed to do so.
The code that guides the nuncupative will in New York is Estates, Powers & Trusts Article 3 – Substantive law if wills part 2 – (3-2.1 – 3-2.2) Execution of wills 3-2.2 – Nuncupative and holographic wills (Crawford, 2019). The code states that a will is nuncupative when it is written, and the making thereof by the testator and its provisions are established by at least two witnesses. A Will need to be always up to date, since if one is not able to do so, it may not have a reflection of one wish in case of new circumstances. Therefore, a person is always allowed to change their wills depending on various factors, for instance, change of mind about heirs and disposing of assets to heirs. A person changing his or her mind about a will may be because a person wants the will to reflect his or her new wishes.
There are many ways of changing a will, but the easiest way is by simply making a new will. Hence, a person is required to form a statement in a new will stating that he or she is revoking all wills and codicils that he or she previously made. In doing so, a person will be able to reverse all the previous wills, and they become invalid. The other way a person may change a nuncupative is by adding a codicil (FindLaw, 2020). A codicil is an amendment or addition of certain information into a will. A person is allowed to use an addendum to revoke part of a will or adding a provision. For the will to be valid, it should be dated, signed, and witnessed just like a legal will.
In the case of William Smith, his grandfather’s will can be changed but under certain conditions according to the law. There is a need for William Smith to look for two witnesses who are 18 years of age and above. The two witnesses will have to acknowledge the changes that will be made on the nuncupative will. The witnesses will have to sign their names and residence address at the end of the will of William Smith’s grandfather wants them to sign. William Smith’s grandfather will also have two options on how the will should be changed, either writing a new will or using codicil (FindLaw, 2020). However, because his grandfather is on a deathbed, then there is a need for them to consider using a codicil. Therefore, being able to do the necessary amendment on the will and also making new additions to the will. Thus, outlining in the will that the grandfather wants to leave him with his watch, his war medals, and also his home. After the changes have been made before two witnesses, then the grandfather’s will be considered legal.
References
Crawford, B. J. (2019). Wills Formalities in the Twenty-First Century. Wis. L. Rev., 269.
FindLaw. (2020). Retrieved from New York Wills Laws: https://statelaws.findlaw.com/new-york-law/new-york-wills-laws.html